STATE v. THEELER

DA 15-0575.

385 P.3d 551 (2016)

2016 MT 318

STATE of Montana, Plaintiff and Appellee, v. Donald L. THEELER, Defendant and Appellant.

Supreme Court of Montana.

Decided: December 6, 2016.


Attorney(s) appearing for the Case

For Appellant: Chad Wright , Chief Appellate Defender, Alexander H. Pyle , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Tammy K. Plubell , Assistant Attorney General, Helena, Montana, Edward J. Corrigan , Flathead County Attorney, John H. Donovan , Deputy County Attorney, Kalispell, Montana.


¶ 1 Donald Theeler physically assaulted his girlfriend, causing her numerous injuries. He sought to dismiss his Partner or Family Member Assault (PFMA) charge on the ground that the statute under which he was charged violated his right to equal protection because it did not apply to persons...

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