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Enforcing Civility and Fitness: The ODC’s Amended Disciplinary Complaint Against Mark E. Anderson Under MRPC 3.1, 3.5, and 8.4 Important procedural note: Although the source is labeled as an...
Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases Introduction In Caye v. Twentieth Judicial District Court (2025 MT 246), the Supreme Court of...
Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable) Introduction In In re the Marriage of Basque, 2025 MT 247N,...
No Lesser-Included: Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering Case: State v. Taylor Jean Carlson, 2025 MT 245 (Mont. Oct. 28, 2025) Court: Supreme...
No Final Opinion Yet: The Disciplinary Case Against Mark E. Anderson Signals Strict Enforcement of MRPC 3.1, 3.5, and 8.4 for Abusive Litigation Conduct Introduction This commentary examines the...
When Parties Fail to Provide Valuation Evidence, a District Court May Order Appraisal or Sale and Still Equitably Divide the Estate: Nonprecedential Affirmance in Marriage of Schafer Court: Supreme...
No Waiver Without a Record: Montana Supreme Court Reaffirms and Clarifies § 53‑21‑119(1), MCA, Requirements for Waiver in Involuntary Commitment Proceedings Introduction In Matter of P.G.J., 2025 MT...
No Implied Easements from Settlement Silence: Four‑Corners Enforcement of MOUs, Strict Limits on Easement “Maintenance,” and Fees for Multiplying Proceedings (Schubert v. Toepp, 2025 MT 239)...
State v. Spangler (2025 MT 244N): Nonprecedential Reaffirmation that Single-Witness Testimony Can Sustain Unlawful Restraint; Remand to Correct Judgment to Attempted Assault with a Weapon...
State v. Burrington: Medically Required Functional Restrictions Can Constitute “Protracted Impairment” for Serious Bodily Injury; Self-Defense May Be Asserted While Disputing the Injury Element...
Privilege Follows the Reporting: Montana High Court Holds Place of Newsgathering Governs Media-Subpoena Privileges Introduction In EQT CHAP LLC v. Environmental Health Sciences, 2025 MT 237, the...
No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review Note: This is a memorandum opinion designated noncitable under...
Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust Introduction In Matter of the...
State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied Introduction In State v. E. Ramirez, 2025 MT 232, the Supreme Court of Montana affirmed the...
Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges Introduction In State v. Wolfchild, 2025 MT 234N, the...
Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims Introduction In Stone v. City of Livingston,...
Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs...
Partition in Kind Prevails: Montana Supreme Court Reaffirms Authority to Modify Referees’ Plans and Impose Reciprocal Easements under the UPHPA Introduction In Barce v. Filler (Supreme Court of...
“Public Repute” Means Community, Not Bureaucracy: Montana Supreme Court Reaffirms Common‑Law Marriage Even Where Partners Marked “Single” on Official Forms Introduction In Estate of Hudson, 2025 MT...