STATE v. FITZPATRICK

No. DA 11-0559.

291 P.3d 1106 (2012)

2012 MT 300

STATE of Montana, Plaintiff and Appellant, v. Delaine Minnie FITZPATRICK and Malisa Lynn Fitzpatrick, Defendants and Appellees.

Supreme Court of Montana.

Submitted September 25, 2012.

Decided December 20, 2012.


Attorney(s) appearing for the Case

For Appellant: Steve Bullock , Montana Attorney General; Tammy A. Hinderman (argued), Assistant Attorney General, Helena, Montana. Chad Parker , Assistant Attorney General, Special Deputy County Attorney for Hill County, Helena, Montana.

For Appellees: Jeremy S. Yellin (argued), Attorney at Law, Havre, Montana. Marta N. Farmer Yellin (argued), Attorney at Law, Livingston, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The State of Montana appeals from the order of the Twelfth Judicial District Court dismissing all charges against Delaine Fitzpatrick (Delaine) and Malisa Fitzpatrick (Malisa) (collectively, the Fitzpatricks). We reverse and address the issue:

¶ 2 Did the District Court err by granting the Fitzpatricks' motion to dismiss for outrageous government conduct?

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