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Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement
Article • August 15, 2021 • from CLN September, 2021
Filed under: DNA Evidence, Electronic Communictions Privacy Act
Maryland and Montana: First States to Pass Laws Restricting Access to Consumer Genealogy Databases by Law Enforcement by Casey Bastian by Casey J. Bastian In recent years, law enforcement has realized the enormous potential to solve crimes by using genetic genealogy databases. New laws in Maryland and Montana seek to …
Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy
Article • August 15, 2021 • from CLN September, 2021
Montana Supreme Court: Court Reporter’s Medical Emergency and Judge’s Distress Don’t Constitute Manifest Necessity for Declaring Mistrial, Retrial Violates Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Montana dismissed with prejudice charges of sexual intercourse without consent and bail jumping, ruling the defendant’s second trial following …
Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock
Article • July 15, 2021 • from CLN August, 2021
Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock by Dale Chappell by Dale Chappell Prisoners get just one year to file a habeas petition in federal court after their direct appeals have been exhausted. Montana prisoners, though, have two avenues to challenge …
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial
Article • February 15, 2021 • from CLN March, 2021
Filed under: Speedy Trial Clock - Tolling of, Prejudicial Delay
Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that a five-year delay in bringing John Wilson Chambers to trial violated his right to a speedy trial, and the lengthy delay was presumptively prejudicial. In …
Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility
Article • January 15, 2021 • from CLN February, 2021
Filed under: Credibility of Declarant, False Exculpatory Statements
Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility by Anthony Accurso by Anthony Accurso The Supreme Court of Montana ruled that the district court abused its discretion and denied defendant a fair trial by allowing expert witness testimony on statistics about false reports of …
Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status
Article • November 15, 2020 • from CLN December, 2020
Filed under: Parole/Probation Searches, Search and Seizure, Probation, Parole & Supervised Release
Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status by Anthony Accurso   by Anthony Accurso The Supreme Court of the State of Montana held that a defendant’s rights to be free from unreasonable searches and seizures and invasions of privacy were violated when his landlord’s probation officer …
Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional
Article • January 21, 2020 • from CLN February, 2020
Filed under: War on Drugs
Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Montana held that the state’s automatic and mandatory fine of 35 percent of the market value of the drugs in a drug-offense conviction is facially unconstitutional, because it doesn’t allow …
Disability Rights Montana v. Reginal Michael, MT, Amended Complaint, Cruel and Unusual Punishment, 2019
Brief • December 23, 2019
Filed under: Cruel and Unusual Punishment
Disability Rights Montana v. Reginal Michael, MT, Amended Complaint, Cruel and Unusual Punishment, 2019 Case 2:15-cv-00022-DWM Document 49 Filed 12/23/19 Page 1 of 35 Alex Rate ACLU of Montana P.O. Box 1968 Missoula, MT 59806 Telephone: (406) 204-0287 Email: ratea@aclumontana.org Jeffrey A. Simmons Foley & Lardner LLP 150 East Gilman …
Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI
Article • August 19, 2019 • from CLN September, 2019
Filed under: DUI
Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI by Anthony Accurso by Anthony Accurso The Supreme Court of Montana held that facts leading up to the traffic stop at issue do not amount to the particularized suspicion required to initiate a lawful stop under Montana …
Montana - obtained 2019 (last updated 2014)
Publication • 2019
Filed under: Publications/Books, Banned Book Lists, Censorship
Montana - obtained 2019 (last updated 2014) 1 !8~~k r~tre )!Author $ s·o Knife Shop j Reason(s) for Denial Wayne Goddard Secuity Threat Brad Graham & Kathy McGowa Secuity Threat 101 Spy Gadgets 1000 IDEAS FOR GRAFFITI AND STREET ART I Date 2/9/2012 2/9/2012 10,84 CHRISIAN CAMPOS Haruki Murakami SEXUALLY …
Montana police officer decertificaitons
Publication • 2019
Filed under: Police Misconduct
Montana police officer decertificaitons Year 2014 2013 2012 2011 2010 2009 Date of Decert. First Name MI Last Name Agency James B Balenger Mineral County Sheriff's Office 1/31/2015 Jameel Buddy Carter Daniel A L W Khan Myotte Gallineaux Danielson Great Falls Police Department Montana State Prison Blackfeet Law Enforcement Sidney …
Montana Supreme Court: Retrial Following Mistrial Declared Without 
‘Manifest Necessity’ Violates Prohibition on Double Jeopardy
Article • January 18, 2019 • from CLN February, 2019
Filed under: Double jeopardy
Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy by Mark Wilson by Mark Wilson The Supreme Court of Montana held that a municipal court violated state and federal double jeopardy prohibitions when it declared a mistrial and ordered a new trial. James Joseph …
Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction
Article • January 18, 2019 • from CLN February, 2019
Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction by Dale Chappell by Dale Chappell Overruling its precedent, the Supreme Court of Montana held that venue is not a jurisdictional element and may be waived by a defendant. However, it also …
Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute
Article • January 18, 2019 • from CLN February, 2019
Filed under: Criminal justice system reform, Booking Fees
Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute by Derek Gilna by Derek Gilna Corrine Franklin, who pleaded guilty to disorderly conduct in Missoula, Montana, Municipal Court, was assessed a $25 surcharge by the City of Missoula, earmarked …
Montana Centurylink commission rate
Kickback publication • January 3, 2019
Filed under: Telephones
Montana Centurylink commission rate DocuSign Envelope ID: DA32F2B4-775A-439E-A96D-3D91E7C6F443 3.2 Warranty for Hardware. Contractor warrants that hardware provided is free from defects in materials and workmanship and conforms to the specifications. The warranty period for provided hardware is a fixed period commencing on the date specified in a statement of work …
ACLU Smart Justice Montana - Set Up to Fail - Montana's Probation and Parole System, 2018
Publication • September 10, 2018
Filed under: Parole/Probation Searches, Rehabilitation/Recidivism, Probation, Mental Health, housing, Health care
ACLU Smart Justice Montana - Set Up to Fail - Montana's Probation and Parole System, 2018 Acknowledgments The ACLU of Montana expresses its deepest appreciation to those who contributed their time, expertise, and personal stories to this report. Those most impacted by the inequities and flaws of the probation and …
Montana Rates as of August 2018
Kickback publication • August 16, 2018
Filed under: Telephones, Telephone Rates
Montana Rates as of August 2018 8/16/2018 Inmate and Youth Phone Calls Hours – Calls can be prohibited for security reasons at any time. Montana State Prison – 6 a.m. to 8:30 p.m. Montana Women’s Prison – 6 a.m.to 10 p.m. Pine Hills Adult Programs – 6 a.m. to 10 …
Montana CenturyLink Contract thru 2020
Kickback publication • August 16, 2018
Filed under: Telephones
Montana CenturyLink Contract thru 2020 DocuSign Envelope ID: DA32F2B4-775A-439E-A96D-3D91E7C6F443 INMATE COMMUNICATION SERVICES COR-2017-0041T THIS CONTRACT is entered into by and between the State of Montana, Department of Corrections, (State), whose address and phone number are PO Box 201301, Helena, MT 59620-1301, 406-444-3930 and CenturyLink Public Communications, Inc. (Contractor), whose address …
Montana Increase in Rates Memo 2018
Kickback publication • August 16, 2018
Filed under: Telephones
Montana Increase in Rates Memo 2018
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error
Article • July 21, 2018 • from CLN August, 2018
Filed under: Jury Instructions
Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error by Dale Chappell by Dale Chappell It is plain error when a trial court fails to instruct the jury on the burden of proof for justifiable use of force and who carries that burden, …
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