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STATE v. PETERS

Nos. DA 10-0375, DA 10-0521, DA 10-0522, DA 10-0523, DA 10-0525, DA 10-0526.

264 P.3d 1124 (2011)

2011 MT 274

362 Mont. 389

STATE of Montana, Plaintiff and Appellee, v. Damon Franklin PETERS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 3, 2011.

Rehearing Denied December 6, 2011.

Attorney(s) appearing for the Case

For Appellants: Wendy Holton , Attorney at Law, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General; D. Ole Olson , Assistant Attorney General, Melissa C. Broch and Mary Cochenour , Deputy County Attorneys, David L. Nielsen , Helena City Attorney; Luke Berger , Deputy City Attorney, Helena, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 In this case, we consider the consolidated appeals of Damon Franklin Peters (Peters), Matthew Boyd Banks, Kirk Buls, Connie Christofferson, Vicki Brandt Fitzgerald, and Jarrett Lee Super (collectively "Appellants"), for the purpose of resolving two issues common to each of their cases. Each Appellant sought the source code and information about the use of the Intoxilyzer 8000 in their respective...

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