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WOIRHAYE v. FOURTH JUDICIAL DIST. COURT

No. 98-223.

972 P.2d 800 (1998)

1998 MT 320

Richard Quinton WOIRHAYE, Relator, v. MONTANA FOURTH JUDICIAL DISTRICT COURT, Missoula County, the Honorable John S. Henson, Presiding Judge, Respondent.

Supreme Court of Montana.

Decided December 23, 1998.

Attorney(s) appearing for the Case

Richard R. Buley, Tipp & Buley, Missoula, for Relator.

Joseph P. Mazurek, Attorney General; Chris Tweeten, Assistant Attorney General, Helena, Karen Townsend, Deputy County Attorney, Missoula, for Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 In this case, Richard Quinton Woirhaye seeks a writ of supervisory control regarding a decision of the Fourth Judicial District Court, Missoula County. That court upheld the constitutionality of § 46-17-201(3), MCA, against Woirhaye's claim that the statute violated his right to trial by jury. In a June 2, 1998 order, we accepted supervisory control. We now hold that § 46-17-201(3),...

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