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STATE v. HIXON

No. DA 06-0441.

197 P.3d 918 (2008)

2008 MT 365

346 Mont. 427

STATE of Montana, Plaintiff and Appellee, v. Wayne Allen HIXON, Defendant and Appellant.

Supreme Court of Montana.

Decided November 3, 2008.

Rehearing Denied December 10, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, Lisa S. Korchinski, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Ilka Becker, Assistant Attorney General, Helena, Montana Bernie Cassidy, Lincoln County Attorney, Robert Slomski, Deputy County Attorney, Libby, Montana.

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

¶ 1 Wayne Allen Hixon (Hixon) was charged with deliberate homicide and tampering with evidence on May 13, 2005 in the Nineteenth Judicial District, Lincoln County. Hixon moved to suppress evidence obtained from his vehicle on the grounds that the seizure of his truck was illegal. After a hearing on the matter, the District Court denied the motion to suppress. The first trial ended in a mistrial. The...

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