STATE v. MITCHELL

No. DA 11-0352.

286 P.3d 1196 (2012)

2012 MT 227

STATE of Montana, Plaintiff and Appellee, v. Curtis Randall MITCHELL, Defendant and Appellant.

Supreme Court of Montana.

Decided October 9, 2012.


Attorney(s) appearing for the Case

For Appellant: Wade M. Zolynski , Chief Appellate Defender, Lisa S. Korchinski , Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Tammy Hinderman , Assistant Attorney General, Helena, Montana. Fred Van Valkenburg , Missoula County Attorney; Shawn Thomas , Deputy County Attorney, Missoula, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Appellant Curtis Randall Mitchell (Mitchell) appeals from his conviction in the Fourth Judicial District Court, Missoula County, of one count of felony aggravated assault in violation of § 45-5-202, MCA. Mitchell argues that his conviction should be reversed under the plain error doctrine because law enforcement failed to investigate his claim of...

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