Benjamin Eugene Cole Jr. was charged in Missoula County Justice Court with misdemeanor Partner or Family Member Assault (PFMA), second offense. He proceeded to a bench trial—where the judge, rather than a jury, decides the case—and was ultimately convicted. Cole later argued that the absence of a written waiver of his right to a juryContinue reading “Misdemeanor Jury Trials in Montana: Insights from Cole”
Category Archives: Criminal Law Case Summaries
Montana PFMA & Gun Ownership: Key Ninth Circuit Update
If you’ve ever wondered “Can I own a gun with a PFMA conviction in Montana?”, a recent ruling from the Ninth Circuit Court of Appeals might pique your interest. In United States v. DeFrance, the court reversed a federal firearms conviction for a defendant previously convicted of Partner or Family Member Assault (PFMA) under MontanaContinue reading “Montana PFMA & Gun Ownership: Key Ninth Circuit Update”
Your Rights During Police Encounters in Missoula
Introduction If you’ve been charged with a drug-related offense in Missoula, Montana, understanding the nuances of search and seizure laws is crucial. A recent Montana Supreme Court case, State v. McClellan, sheds light on how particularized suspicion can impact the outcome of criminal cases. At Murnion Law, I’m committed to protecting your rights and providingContinue reading “Your Rights During Police Encounters in Missoula”
State v. Stanley: Key Insights on Warrantless Police Stops
Introduction Understanding your rights during police encounters is crucial. In Montana, the laws surrounding warrantless investigative stops can be complex. The recent case of State v. Stanley sheds light on how these laws are applied and what they mean for Montana residents. What Is a Warrantless Investigative Stop? A warrantless investigative stop, often referred toContinue reading “State v. Stanley: Key Insights on Warrantless Police Stops”
Montana Self-Defense Laws Explained: Recent Insights
Understanding the nuances of self-defense laws in Montana is crucial, especially when facing charges involving violent offenses. The recent Montana Supreme Court decision in State v. Fredericks, 2024 MT 226, provides valuable insights into how the justifiable use of force is interpreted in assault cases. This case highlights the importance of recognizing what constitutes sufficientContinue reading “Montana Self-Defense Laws Explained: Recent Insights”
Understanding Montana’s Traffic Stop Laws and RADAR Usage
The Montana Supreme Court recently affirmed the legality of a traffic stop initiated by a law enforcement officer who relied on a roadside RADAR sign to determine a driver’s speed. The case, State v. Flynn, centered on whether the officer had particularized suspicion to stop the defendant driver. Background of the Case On a lateContinue reading “Understanding Montana’s Traffic Stop Laws and RADAR Usage”