State v. Bloomer, 2025 MT 93 (decided May 6, 2025) By James Murnion — Serving Missoula, Kalispell, Hamilton, Butte, Helena, and the greater Western Montana Area On May 6, 2025, the Montana Supreme Court reversed a Missoula District Court sentence that treated Ryan Bloomer’s fifth DUI conviction under the harsher penalty provision of § 61‑8‑1008(2), MCA. Because the trial judge sentenced Bloomer forContinue reading “Montana Supreme Court Limits Fifth‑Offense DUI Sentencing”
Tag Archives: Lawyer
Misdemeanor Jury Trials in Montana: Insights from Cole
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”
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”
Montana’s Ballot Glitch: A Call for Election Transparency
Explore how Montana’s right to know empowers voters to uncover the truth behind a ballot glitch omitting Kamala Harris.
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”
Counting Fully Secured Creditors in Involuntary Bankruptcy
In a recent decision, the Bankruptcy Appellate Panel for the Ninth Circuit addressed a significant issue concerning involuntary bankruptcy petitions under Chapter 7 of the Bankruptcy Code. The case, Wolverine Endeavors VIII, LLC v. Carole D. King, delved into whether fully secured, nonrecourse creditors should be counted when determining the number of creditors an allegedContinue reading “Counting Fully Secured Creditors in Involuntary Bankruptcy”
Court Ruling on Bankruptcy Attorney Fees Explained
Introduction Navigating the complexities of a Chapter 13 bankruptcy can be challenging for both debtors and attorneys. A recent decision from the United States Bankruptcy Court for the District of Montana sheds light on the importance of reasonable attorney fees and adherence to applicable rules. In this post, we’ll explore the court’s findings and whatContinue reading “Court Ruling on Bankruptcy Attorney Fees Explained”
Understanding Bankruptcy: The Importance of Confirmed Plans
In a recent Chapter 11 bankruptcy case, the United States Bankruptcy Court for the District of Montana faced a pivotal decision that underscores the significance of adhering to the terms outlined in a confirmed bankruptcy plan. The debtor in this case owned and operated a mine but failed to make required payments under its confirmedContinue reading “Understanding Bankruptcy: The Importance of Confirmed Plans”