PARK v. SIXTH JUDICIAL DIST. COURT

No. 97-516.

961 P.2d 1267 (1998)

1998 MT 164

Thomas Alan PARK, Petitioner, v. MONTANA SIXTH JUDICIAL DISTRICT COURT, PARK COUNTY; Hon. Wm. Nels Swandal, Presiding Judge; and State of Montana, Respondents.

Supreme Court of Montana.

Submitted April 14, 1998.

Decided June 25, 1998.


Attorney(s) appearing for the Case

Daniel P. Buckley; Berg, Lilly, Andriolo and Tollefsen; and Herman A. Watson III and Anne H. Watson (argued); Watson Law Offices; Bozeman, for Petitioner.

Joseph P. Mazurek, Attorney General; Carol Schmidt (argued), Assistant Attorney General; Helena, Tara DePuy, Park County Attorney; Livingston, for Respondents.

John P. Connor, Jr. (argued), Assistant Attorney General, County Prosecutor Services Bureau Chief; Helena, for Amici Curiae Montana County Attorneys' Association.

William F. Koeppen; Koeppen Law Office; Bozeman, for Amici Curiae Montana Association of Criminal Defense Lawyers.

Gary E. Wilcox and L. Sanford Selvey II; Yellowstone County Public Defender's Office; Billings, for Amici Curiae Yellowstone County Public Defender's Office.


TRIEWEILER, Justice.

¶ 1 The defendant, Thomas Alan Park, was charged in the District Court for the Sixth Judicial District in Park County with deliberate homicide and forgery. After he identified mental health care providers who would testify on his behalf, the District Court ordered Park to submit to a psychological examination by the State's expert. Park objected and applied to this Court for a writ of supervisory...

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