Montana Supreme Court Decisions

Seven justices serve on the Montana Supreme Court, which reviews appeals directly from district courts. There is no intermediate appellate court in the state. The Supreme Court also reviews appeals from the workers’ compensation and water courts. It must review any case that is appealed from any of these courts. In other words, it does not have discretion to decide whether to review a case. The Montana Supreme Court also holds original jurisdiction over writs of habeas corpus and cases that have not yet reached the district courts in which the dispute is entirely legal rather than factual. It has a constitutional mandate to oversee the operations of lower courts in the state. The Court must issue each of its decisions in writing, and any justice who dissents from the decision must issue a written dissenting opinion.

Each justice on the Supreme Court serves an eight-year term. A candidate to serve on the Court must be a U.S. citizen who has been a resident of Montana for at least two years. They also must have been admitted to practice law in Montana for at least five years. While they are serving on the Supreme Court, they must continue to reside in Montana. Candidates run in a general non-partisan election, and a justice may run for reelection when their term expires. If no opponent challenges the reelection of a justice, they will need to win a retention election to stay on the Court.

The Governor of Montana may appoint an interim justice if a vacancy arises in the middle of a term. This process starts when the Montana Judicial Nominating Commission provides the Governor with a list of three to five nominees. The Governor has 30 days to choose a nominee from this list, or otherwise the Chief Justice of the Supreme Court will make the decision. The Montana Senate must confirm the appointment. The interim justice then must run in the next general election after they have been appointed to stay on the Court.

Browse Opinions From the Montana Supreme Court

Recent Decisions From the Montana Supreme Court
State v. Avidiya  
Date: February 11, 2025
Citation: 2025 MT 31
Docket Number: DA 22-0541

Justia Opinion Summary: Beau Avidiya was convicted by a jury of Aggravated Assault, Aggravated Burglary, and Criminal Destruction of or Tampering with a Communication Device after breaking into his great-grandmother Myrtle Anderson's home,…

State v. M. Sotto
Date: February 11, 2025
Citation: 2025 MT 33N
Docket Number: DA 23-0024
State v. Lee  
Date: February 11, 2025
Citation: 2025 MT 30
Docket Number: DA 23-0468

Justia Opinion Summary: Garrett Alan Lee, a 25-year-old, engaged in an online conversation with an undercover law enforcement officer posing as a 12-year-old girl. Lee discussed meeting the girl for sex and was apprehended by law enforcement…

Weiner v. St. Peter's  
Date: February 11, 2025
Citation: 2025 MT 28
Docket Number: DA 24-0101

Justia Opinion Summary: Dr. Thomas C. Weiner, an oncologist, had his medical staff membership and clinical privileges revoked by St. Peter’s Health (SPH) in 2020. Concerns about his patient care practices, including manipulation of DNR status,…

Weiner v. St. Peter's (Synopsis)
Date: February 11, 2025
Citation: 2024 MT 28
Docket Number: DA 24-0101
Hutchinson v. Old Republic  
Date: February 11, 2025
Citation: 2025 MT 29
Docket Number: DA 24-0127

Justia Opinion Summary: Roger and Therese Hutchinson purchased rural property in Madison County, Montana, in 2016, which included an easement for access via a private road. They obtained a title insurance policy from Old Republic National Title…

State v. C. McCrea
Date: February 11, 2025
Citation: 2025 MT 32N
Docket Number: DA 24-0178
State v. Garcia  
Date: February 4, 2025
Citation: 2025 MT 25
Docket Number: DA 22-0663

Justia Opinion Summary: Joseph Eugene Garcia was charged with multiple counts of sexual intercourse without consent and sexual abuse of children, involving the repeated rape of an underage boy, C.C., over five years. On the day of the trial,…

GBSB Holding v. Flathead County  
Date: February 4, 2025
Citation: 2025 MT 22
Docket Number: DA 23-0728

Justia Opinion Summary: GBSB Holding, LLC (GBSB) is the developer of Baker 80, a proposed subdivision adjacent to Whitefish Hills Village (WHV) in Flathead County. GBSB sought to use WHV roads as the primary access to Baker 80, which was…

Marriage of Ghahari & Hirad
Date: February 4, 2025
Citation: 2025 MT 26N
Docket Number: DA 24-0063
Larsen v. Sayers  
Date: February 4, 2025
Citation: 2025 MT 24
Docket Number: DA 24-0151

Justia Opinion Summary: Scott and Karen Larsen purchased two adjoining lots in the McGuiness Tracts subdivision in the late 1980s, intending to build a house and retire there. Keith and Danielle Sayers, who bought a lot in the same subdivision…

In re Estate of M.A.C.  
Date: February 4, 2025
Citation: 2025 MT 23
Docket Number: DA 24-0230

Justia Opinion Summary: Lisa Cole appealed the Eighteenth Judicial District Court, Gallatin County’s decision that precluded her from inheriting the estate of her deceased minor child, M.A.C., who died intestate. M.A.C. tragically died in a car…

Matter of M.S.-L., YINC
Date: February 4, 2025
Citation: 2025 MT 27N
Docket Number: DA 24-0388
State v. K. Copyak
Date: January 30, 2025
Citation: 2019 MT 190
Docket Numbers: DA 18-0156, DA 23-0128
State v. Golas  
Date: January 22, 2025
Citation: 2025 MT 11
Docket Number: DA 23-0250

Justia Opinion Summary: Ronald L. Golas was charged with driving under the influence of alcohol (fourth or subsequent offense), operating a motor vehicle while his license was suspended, and failure to carry proof of insurance. These charges…

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

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