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  • Commentaries
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Montana Case Commentaries

Appealability and Timeliness in Montana When a Court Authorizes Sale of Real Property Without Rule 77(d) Notice

Appealability and Timeliness in Montana When a Court Authorizes Sale of Real Property Without Rule 77(d) Notice

Date: Apr 29, 2026
Appealability and Timeliness in Montana When a Court Authorizes Sale of Real Property Without Rule 77(d) Notice Case: Keltz v. KMW Enterprises (Order denying motion to dismiss appeal) Court: Supreme...
Opie v. Wead — Pre-Filing Leave Requirement for Repetitive Habeas Corpus Original Proceedings

Opie v. Wead — Pre-Filing Leave Requirement for Repetitive Habeas Corpus Original Proceedings

Date: Apr 29, 2026
Opie v. Wead: The Montana Supreme Court’s Notarized Motion-for-Leave Gatekeeping Rule for Repetitive Habeas Original Proceedings 1. Introduction Opie v. Wead (Mont. Apr. 28, 2026) is an original...
Section 61-8-343 “Driveway Yield” Negligence Per Se Is Not Automatic on Summary Judgment When Pre-Crash Circumstances Are Disputed (Murray v. Steinmetz)

Section 61-8-343 “Driveway Yield” Negligence Per Se Is Not Automatic on Summary Judgment When Pre-Crash Circumstances Are Disputed (Murray v. Steinmetz)

Date: Apr 29, 2026
Section 61-8-343 “Driveway Yield” Negligence Per Se Is Not Automatic on Summary Judgment When Pre-Crash Circumstances Are Disputed Murray v. Steinmetz, 2026 MT 89 (Mont. Apr. 28, 2026) 1....
State v. Mann (2026 MT 92) Commentary

State v. Mann (2026 MT 92) Commentary

Date: Apr 29, 2026
“Power-and-Control” Motive as a Non-Propensity Basis for Same-Victim Domestic-Abuse Other-Acts Evidence Under M. R. Evid. 404(b), Subject to Rule 403 Line-Drawing Case: State v. S. Mann, 2026 MT 92...
In re Marriage of Handy (2026 MT 90): Mandatory Evidentiary Hearing and Cross-Examination Rights Before Parenting Plan Amendment

In re Marriage of Handy (2026 MT 90): Mandatory Evidentiary Hearing and Cross-Examination Rights Before Parenting Plan Amendment

Date: Apr 29, 2026
Mandatory Evidentiary Hearing and Cross-Examination Rights Before Parenting Plan Amendment Under § 40-4-220(1), MCA Introduction In re Marriage of Handy, 2026 MT 90, arises from post-dissolution...
Harmless-Error Treatment of “Delayed Complaint” Jury Instruction Imported from § 45-5-511(4), MCA, in a Nonsexual Intimidation Prosecution

Harmless-Error Treatment of “Delayed Complaint” Jury Instruction Imported from § 45-5-511(4), MCA, in a Nonsexual Intimidation Prosecution

Date: Apr 29, 2026
Harmless-Error Treatment of “Delayed Complaint” Jury Instruction Imported from § 45-5-511(4), MCA, in a Nonsexual Intimidation Prosecution 1. Introduction State v. R. Strobel (Mont. 2026 MT 88)...
State v. Strobel: Circumstantial Proof of Intimidation Intent and Harmlessness of a Borrowed “Delayed Complaint” Instruction

State v. Strobel: Circumstantial Proof of Intimidation Intent and Harmlessness of a Borrowed “Delayed Complaint” Instruction

Date: Apr 29, 2026
State v. Strobel: Circumstantial Proof of Intimidation Intent and Harmlessness of a Borrowed “Delayed Complaint” Instruction Introduction In State v. R. Strobel (2026 MT 88), the Montana Supreme...
Separate-Vote Compliance in Montana Initiatives: “New Matter” Is Not Double-Counted, and Necessary Scope Definitions Do Not Create Extra Amendments

Separate-Vote Compliance in Montana Initiatives: “New Matter” Is Not Double-Counted, and Necessary Scope Definitions Do Not Create Extra Amendments

Date: Apr 27, 2026
Separate-Vote Compliance in Montana Initiatives: “New Matter” Is Not Double-Counted, and Necessary Scope Definitions Do Not Create Extra Amendments 1. Introduction In Transparent Election Initiative...
Hert v. MHSA: Montana Students’ Constitutionally Protected Interest in Offered Extracurriculars Requires Notice, Evidence, and a Written, Reviewable MHSA Eligibility Decision

Hert v. MHSA: Montana Students’ Constitutionally Protected Interest in Offered Extracurriculars Requires Notice, Evidence, and a Written, Reviewable MHSA Eligibility Decision

Date: Apr 24, 2026
Hert v. MHSA: Montana Students’ Constitutionally Protected Interest in Offered Extracurriculars Requires Notice, Evidence, and a Written, Reviewable MHSA Eligibility Decision Introduction Hert v....
Montana Must Treat a Foreign Country as a “State” Under the UCCJEA When Determining Home-State Custody Jurisdiction

Montana Must Treat a Foreign Country as a “State” Under the UCCJEA When Determining Home-State Custody Jurisdiction

Date: Apr 24, 2026
Montana Must Treat a Foreign Country as a “State” Under the UCCJEA When Determining Home-State Custody Jurisdiction Case: In re the Parenting of R.A.A., 2026 MT 83 (Mont. Apr. 21, 2026) Court:...
Rule 60(b) Cannot Reopen Probate Distribution Where Statutory Mailed Notice Was Given and the Party Failed to Appeal

Rule 60(b) Cannot Reopen Probate Distribution Where Statutory Mailed Notice Was Given and the Party Failed to Appeal

Date: Apr 23, 2026
Rule 60(b) Cannot Reopen Probate Distribution Where Statutory Mailed Notice Was Given and the Party Failed to Appeal Introduction In re the Matter of the Estate of: John William Lea, 2026 MT 85N, is...
Hyslop v. State (2026 MT 82): Postconviction IAC Requires an Arguably Meritorious Underlying Claim and Bars Record-Based Waiver Issues Not Raised on Direct Appeal

Hyslop v. State (2026 MT 82): Postconviction IAC Requires an Arguably Meritorious Underlying Claim and Bars Record-Based Waiver Issues Not Raised on Direct Appeal

Date: Apr 23, 2026
Hyslop v. State (2026 MT 82): Postconviction IAC Requires an Arguably Meritorious Underlying Claim and Bars Record-Based Waiver Issues Not Raised on Direct Appeal 1) Introduction In Hyslop v. State,...
Implied-Consent Judicial Review Is Not Moot After Suspension Expiration When Collateral Relief Remains Available

Implied-Consent Judicial Review Is Not Moot After Suspension Expiration When Collateral Relief Remains Available

Date: Apr 23, 2026
Implied-Consent Judicial Review Is Not Moot After Suspension Expiration When Collateral Relief Remains Available Case: Kalafat v. State, 2026 MT 81 (Mont. Apr. 21, 2026) | Court: Supreme Court of...
Matter of A.J.C., N.M.C., A.R.C., & S.J.C.: Failure to Object Waives Treatment-Plan Challenge on Appeal; Guardianship Not a Prerequisite to Termination

Matter of A.J.C., N.M.C., A.R.C., & S.J.C.: Failure to Object Waives Treatment-Plan Challenge on Appeal; Guardianship Not a Prerequisite to Termination

Date: Apr 23, 2026
Failure to Object Waives Treatment-Plan Challenge on Appeal; Guardianship Not a Prerequisite to Termination 1. Introduction In 2026 MT 80, In the Matter of A.J.C., N.M.C., A.R.C., and S.J.C., Youths...
Matter of A.R.C., YINC (2026 MT 80) — Waiver of Treatment-Plan Challenges Absent Timely Objection; No Requirement to Consider Guardianship Before Termination

Matter of A.R.C., YINC (2026 MT 80) — Waiver of Treatment-Plan Challenges Absent Timely Objection; No Requirement to Consider Guardianship Before Termination

Date: Apr 23, 2026
Waiver of Treatment-Plan Challenges Absent Timely Objection; No Requirement to Consider Guardianship Before Termination I. Introduction In Matter of A.R.C., YINC, 2026 MT 80, the Montana Supreme...
Treatment-Plan Waiver and No Duty to Consider Guardianship Absent a Petition in YINC Terminations (Mont. 2026 MT 80)

Treatment-Plan Waiver and No Duty to Consider Guardianship Absent a Petition in YINC Terminations (Mont. 2026 MT 80)

Date: Apr 23, 2026
Treatment-Plan Waiver and No Duty to Consider Guardianship Absent a Petition in YINC Terminations Case: In the Matter of: A.J.C., N.M.C., A.R.C., and S.J.C., Youths in Need of Care (2026 MT 80)...
Failure to Object Waives Treatment-Plan Challenges; No Sua Sponte Duty to Consider Guardianship Before Termination

Failure to Object Waives Treatment-Plan Challenges; No Sua Sponte Duty to Consider Guardianship Before Termination

Date: Apr 23, 2026
Failure to Object Waives Treatment-Plan Challenges; No Sua Sponte Duty to Consider Guardianship Before Termination Case: In the Matter of: A.J.C., N.M.C., A.R.C., and S.J.C., Youths in Need of Care,...
State v. Horn: Mandatory-Minimum DUI Fines Require Ability-to-Pay Findings (and Written Judgments Must Match Oral Sentences)

State v. Horn: Mandatory-Minimum DUI Fines Require Ability-to-Pay Findings (and Written Judgments Must Match Oral Sentences)

Date: Apr 23, 2026
Mandatory-Minimum DUI Fines Require Ability-to-Pay Findings Under § 46-18-231(3) (and Written Judgments Must Conform to Oral Pronouncements) Case: State v. C. Horn, 2026 MT 79 (Mont. Apr. 21, 2026)...
“Noting It for the Record” Does Not Preserve a Speedy-Trial Claim After a Guilty Plea (State v. Hill, 2026 MT 84)

“Noting It for the Record” Does Not Preserve a Speedy-Trial Claim After a Guilty Plea (State v. Hill, 2026 MT 84)

Date: Apr 23, 2026
“Noting It for the Record” Does Not Preserve a Speedy-Trial Claim After a Guilty Plea (State v. Hill, 2026 MT 84) 1. Introduction State v. Hill is a Montana Supreme Court decision addressing whether...
Prefiling Leave Requirement for Repetitive, Meritless Original Writ Proceedings in Montana

Prefiling Leave Requirement for Repetitive, Meritless Original Writ Proceedings in Montana

Date: Apr 23, 2026
Prefiling Leave Requirement for Repetitive, Meritless Original Writ Proceedings in Montana 1. Introduction In Vaska v. Salmonsen (Mont. Apr. 21, 2026), petitioner Harlan Gerald Vaska, an inmate at...
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