State v. 18th Judicial District

Opinion

12/09/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 20-0587

OP 20-0587

_________________

STATE OF MONTANA,

Petitioner,

v.

ORDER

MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT, HONORABLE JOHN C. BROWN, Presiding,

Respondent.

_________________

The State of Montana seeks a writ of supervisory control over the Eighteenth Judicial District Court, Gallatin County, to vacate that court’s September 15, 2020 order in Cause No. DC-18-448C granting Defendant Jordan Miller’s motion to disqualify the prosecutor from representing the State and permitting Miller to subpoena the prosecutor to testify at trial. Having reviewed the State’s motion and appendices, the Court deems it appropriate to invite a response.

IT IS THEREFORE ORDERED that the Eighteenth Judicial District Court, the Defendant in Gallatin County Cause No. DC-18-448C, or both, are granted thirty (30) days from the date of this Order within which to file a response to the Petition in accordance with M. R. App. P. 14(7)(a).

The Clerk is directed to provide notice of this Order to all counsel of record in the Eighteenth Judicial District Court’s Gallatin County Cause No. DC-18-448C and to the Honorable John Brown, presiding District Court Judge.

Electronically signed by:

Beth Baker

Justice, Montana Supreme Court December 9 2020