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Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Ele...

Article • March 1, 2026 • from CLN April, 2026

Filed under: Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction by David Kim by David Kim In a matter of first impression, the Supreme Court of Montana unanimously reversed a district court …

SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like...

Article • February 1, 2026 • from CLN March, 2026

Filed under: Fourth Amendment, rights, Probable Cause, Exigent Circumstances, Warrantless Searches, Motions To Suppress

SCOTUS Clarifies Emergency-Aid Home Entries Require Only an “Objectively Reasonable Basis for Believing” an Occupant Faces Serious Danger, Rejecting a Probable-Cause Standard and Montana’s Terry-Like Caretaker Test by Richard Resch by Richard Resch Resolving a Circuit split, the Supreme Court of the United States unanimously held that police officers may …

NEWS IN BRIEF

Article • December 15, 2025 • from CLN January, 2026

NEWS IN BRIEF by Alabama: In a rare victory for ethics enforcement in the Cotton State, a Lauderdale County jury returned a guilty verdict on November 7, 2025, against a former state judge accused of public corruption. According to the Alabama Political Reporter, Gilbert Porterfield Self, Sr., former presiding judge …

Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond

Article • October 15, 2025 • from CLN November, 2025

Filed under: Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process

Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit reaffirmed its longstanding precedent that a District Court cannot …

News in Brief

Article • May 15, 2025 • from CLN June, 2025

Filed under: News in Brief

News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …

Lake v. CoreCivic, Inc.,MT, Verdict, Failure to Protect, 2025

Brief • April 24, 2025

Filed under: Failure to Protect (General)

Lake v. CoreCivic, Inc.,MT, Verdict, Failure to Protect, 2025 Case 4:21-cv-00116-BMM Document 102 Filed 04/24/25 Page 1 of 2 IN THE UNITED STA TES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION No. 4:21-CV-00116-BMM NATHANIEL LAKE, Plaintiff, VERDICT FORM v. CORECIVIC, INC. d/b/a CROSSROADS CORRECTIONAL CENTER, Defendant. We, …

Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits

Article • December 15, 2024 • from CLN January, 2025

Filed under: Habeas Corpus, Dismissal, Authority and Jurisdiction

Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss …

Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause

Article • December 1, 2024 • from CLN December, 2024

Filed under: Eyewitness Testimony, Confrontation Clause/Rights, Confrontation Clause, Sentencing by Videoconferencing

Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause by Sam Rutherford by Sam Rutherford The Supreme Court of Montana held that the presentation of expert witness testimony adverse to the defendant via two-way video conferencing technology during trial violated the defendant’s right to …

Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution

Article • November 1, 2023 • from CLN November, 2023

Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that retroactive application of Montana’s Sexual or Violent Offender Registration Act (“SVORA”), as amended beginning …

New Montana Law Bans Warrantless Facial Recognition Surveillance

Article • September 1, 2023 • from CLN September, 2023

Filed under: Warrantless Searches, Authentication/Identification, EP2P Software, Eyewitness Identification

New Montana Law Bans Warrantless Facial Recognition Surveillance by Jordan Arizmendi by Jordan Arizmendi At the end of June 2023, Montana Governor Greg Gianforte signed a bill, Senate Bill 397 (“SB397”) that will ban warrantless facial recognition surveillance, generally. According to the law, the exceptions that would permit a law …

News in Brief

Article • April 15, 2023 • from CLN May, 2023

Filed under: News in Brief

News in Brief by News in Brief Alabama: It was announced by the Madison County Sheriff’s Office on Feb. 20, 2023, that a police officer in Madison was arrested, accused of sexual misconduct. AL.com and WHNT in northern Alabama reported that the officer, Kevin Walter, 35, was arrested on Feb. …

Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop

Article • January 15, 2023 • from CLN February, 2023

Filed under: Traffic stop, Marijuana - Social Use

Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop by Anthony Accurso by Anthony W. Accurso The Supreme Court of Montana ruled a state trooper impermissibly extended a traffic stop to investigate a drug possession based solely on the odor of marijuana and undeveloped hunches. William …

State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry

Article • December 13, 2022

Filed under: Warrantless Searches, Warrants - Requirements/Scope/Exceptions, Guns - Type of

State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott by Jo Ellen Nott On November 29, 2022, Montana Attorney General Austin Knudsen sent a letter to the CEOs of FedEx and …

Bartman v. Slaughter, MT, Complaint, Failure to Protect, 2022

Brief • July 5, 2022

Filed under: Failure to Protect (General), Failure to Protect (Staff)

Bartman v. Slaughter, MT, Complaint, Failure to Protect, 2022 Case 4:22-cv-00063-BMM-JTJ Document 1 Filed 07/05/22 Page 1 of 13 Timothy M. Bechtold BECHTOLD LAW FIRM, PLLC 317 East Spruce Street P.O. Box 7051 Missoula, MT 59807 406-721-1435 tim@bechtoldlaw.net Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT …

Lake v. CoreCivic, Inc.,MT, Complaint, Failure to Protect, 2022

Brief • March 21, 2022

Filed under: Failure to Protect (General)

Lake v. CoreCivic, Inc.,MT, Complaint, Failure to Protect, 2022 Case 4:21-cv-00116-BMM Document 17 Filed 03/21/22 Page 1 of 13 Melinda A. Driscoll FRED LAW FIRM, PLLC 214 N. 24th Street P.O. Box 2157 Billings, MT 59103-2157 (406) 294-8396 (T) (406) 294-8398 (F) mdriscoll@fredlawfirm.com Attorney for Plaintiff IN THE UNITED STATES …

Lake v. CoreCivic, MT, Complaint, Failure to Protect, 2022

Brief • March 21, 2022

Filed under: Corrections Corporation of America/CoreCivic, Failure to Protect (General), Failure to Protect (Staff)

Lake v. CoreCivic, MT, Complaint, Failure to Protect, 2022 Case 4:21-cv-00116-BMM Document 17 Filed 03/21/22 Page 1 of 13 Melinda A. Driscoll FRED LAW FIRM, PLLC 214 N. 24th Street P.O. Box 2157 Billings, MT 59103-2157 (406) 294-8396 (T) (406) 294-8398 (F) mdriscoll@fredlawfirm.com Attorney for Plaintiff IN THE UNITED STATES …

Disability Rights Montana v. Brian M. Gootkin, MT, Settlement Agreement, Cruel and Unusual Punishment,2022

Brief • March 10, 2022

Filed under: Cruel and Unusual Punishment

Disability Rights Montana v. Brian M. Gootkin, MT, Settlement Agreement, Cruel and Unusual Punishment,2022 SETTLEMENT AGREEMENT This settlement agreement (“Agreement”) is entered into this 10th day of March, 2022 (“Effective Date”) between Disability Rights Montana, Inc. (“DRM”), Brian M. Gootkin (“Gootkin”), in his official capacity as the Director of the …

Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof

Article • December 15, 2021 • from CLN January, 2022

Filed under: Ineffective Assistance of Counsel

Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Kasey Lee Secrease’s trial attorneys were ineffective under both the U.S. and Montana Constitutions for failing …

Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant

Article • December 15, 2021 • from CLN January, 2022

Filed under: Delays in Prosecution of Case

Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant by David Reutter by David M. Reutter The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring …

Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County

Article • November 15, 2021 • from CLN December, 2021

Filed under: Credits

Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Mark Alan Mendoza was entitled to credit for each day he spent in pre-sentence …