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IN RE J.A.

No. 97-659.

983 P.2d 327 (1999)

1999 MT 148

In the Matter of J.A., a Youth, Department of Corrections, Appellant, v. Lake County, Respondent.

Supreme Court of Montana.

Submitted October 20, 1998.

Decided June 29, 1999.

Attorney(s) appearing for the Case

Diana P. Leibinger-Koch (argued), David L. Ohler, Special Assistant Attorneys General, Department of Corrections, Helena, Montana, for Appellant.

Deborah Kim Christopher (argued), Lake County Attorney, Polson, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellant, Department of Corrections (hereafter, DOC) appeals from the order of the Twentieth Judicial District Court.

¶ 2 We reverse in part and affirm in part.

¶ 3 The following issues are presented on appeal:

¶ 4 1. Whether the District Court erred in concluding that § 52-5-109, MCA, is unconstitutional.

¶ 5 2. Whether DOC's request...

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