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STATE v. HARDAWAY

No. 99-626.

36 P.3d 900 (2001)

2001 MT 252

STATE of Montana, Plaintiff/Respondent, v. Jason HARDAWAY, Defendant/Appellant.

Supreme Court of Montana.

Submitted May 17, 2001.

Decided December 10, 2001.

Attorney(s) appearing for the Case

Jack E. Sands, Billings, MT, (argued), For Appellant.

Joseph P. Mazurek, Montana Attorney General, John Paulson, Assistant Montana Attorney General, (argued), Helena, MT; Dennis Paxinos, Yellowstone County Attorney, Ira Eakin and Beverly Tronrud, Deputy Yellowstone County Attorneys, Billings, MT, For Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 On June 8, 1999, a jury in the Thirteenth Judicial District Court, Yellowstone County, found Jason Hardaway (Hardaway) guilty of burglary. Hardaway appeals from this verdict. We reverse.

¶ 2 Hardaway raises three issues on appeal:

1. Did the District Court properly deny Hardaway's motion to suppress blood evidence swabbed from his hands without a warrant following his arrest...

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