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STATE v. WHITE

No. DA 06-0458.

184 P.3d 1008 (2008)

2008 MT 129

343 Mont. 66

STATE of Montana, Plaintiff and Appellee, v. Joel Miles WHITE, a/k/a Joel Miles Seminole, Defendant and Appellant.

Supreme Court of Montana.

Decided April 22, 2008.

Rehearing Denied May 21, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

For Appellee: Honorable Mike McGrath, Attorney General; Jonathan M. Krauss, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney, Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Joel M. White (White) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion for a mistrial. We affirm.

¶ 2 We consider the following issue on appeal:

¶ 3 Did the District Court err by denying White's motion for a mistrial on the basis of a juror's comment, made during deliberations, that a friend had called him about...

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