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STATE v. BROWN

Nos. DA 07-0275, DA 07-0412.

182 P.3d 75 (2008)

2008 MT 115

342 Mont. 476

STATE of Montana, Plaintiff and Appellant, v. James Joseph BROWN, Defendant and Appellee.

Supreme Court of Montana.

Decided April 9, 2008.

Attorney(s) appearing for the Case

For Appellant: Hon. Mike McGrath, Montana Attorney General, Diana L. Koch, Chief Legal Counsel, Colleen E. Ambrose, Special Assistant Attorney General, Helena, Montana.

For Appellee: Jim Wheelis, Chief Appellate Defender, Joslyn Hunt, Assistant Appellate Defender, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The Montana Department of Corrections ("DOC") appeals from two orders entered in the District Court for the Eighth Judicial District, Cascade County. The first order was entered April 6, 2007, under cause number CDC-95-265. The second order was entered June 6, 2007, under cause number BDC-87-121. In these two orders, the District Court ordered the DOC to cease garnishing James Joseph Brown's prison...

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