STATE EX REL. NELSON v. NINTH DIST. COURT

No. 92-512.

863 P.2d 1027 (1993)

STATE of Montana ex rel., James C. NELSON, Glacier County Attorney, Relator, v. MONTANA NINTH JUDICIAL DISTRICT COURT, GLACIER COUNTY, The Honorable R.D. McPhillips, Presiding Judge, Respondent.

Supreme Court of Montana.

Decided November 18, 1993.


Attorney(s) appearing for the Case

Larry Epstein, Glacier County Atty., Thane Johnson (argued), Deputy Glacier County Atty., Cut Bank, for relator.

David F. Stufft (argued), Cut Bank, for respondent.

Wm. Nels Swandal, Livingston Montana County Attys., Ass'n., amici curiae.

Thomas J. Beers, Missoula Montana Trial Lawyers Ass'n., amici curiae.

William F. Hooks, Appellate Defender Office, Helena, amici curiae, for Appellate Defender Office.


TRIEWEILER, Justice.

Defendant William V. Hill was charged by information, filed in the Ninth Judicial District Court in Glacier County, with felony assault in violation of § 45-5-202(2)(c), MCA; obstructing a peace officer in violation of § 45-7-302(1), MCA; and resisting arrest in violation of § 45-7-301(1)(a), MCA. Prior to trial, defendant formally waived his right to a jury trial and requested a trial...

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