STATE, EX REL. COBURN v. BENNETT

No. 82-353.

655 P.2d 502 (1982)

The STATE of Montana, ex rel., Daniel Christopher COBURN, Relator, v. The Honorable Gordon R. BENNETT, District Judge of the First Judicial District of the State of Montana, in and For the County of Lewis & Clark, Respondent.

Supreme Court of Montana.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Jackson Law Firm, Gregory Jackson, Helena, for relator.

Charles Graveley, County Atty., Helena, for respondent.


WEBER, Justice.

This matter comes before us on a petition for writ of supervisory control. In issuing the writ, we assumed jurisdiction over a single issue in this cause: Did the District Court abuse its discretion by refusing to grant relator's motion for a change of venue? We find that the refusal to grant the motion was an abuse of discretion under the facts of this case.

On May 20, 1982, R.H., an eleven-year-old Helena schoolgirl, reported that she had...

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