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Thursday, May 08, 2008

Fines

No. 92-552 1994
STATE OF MONTANA,
v. THOMAS NEIL SULLIVAN,

1. Did the District Court err in failing to hold an omnibus
hearing at least 30 days prior to trial pursuant to g 46-13-110,
MCA, thereby prejudicing defendant?
2. Did prejudicial media publicity, and the District Court's
refusal to grant challenges for cause, preclude a fair trial for
defendant?
3. Did the District Court err by limiting the testimony of
Sue Duarte, excluding the testimony of Richard Duarte, and failing
to grant defendant's motion for a mistrial?
4. Did the District Court err in refusing to dismiss or
reverse Counts I, 111, IV, and V of the information on the grounds
of insufficiency of evidence?
5. Did the District Court err in fining defendant his
vacation pay and sick leave pay and ordering distribution of these
funds to United Way of Cascade County?
We reverse and remand this part of the judgment for further proceedings in accordance with 9 46-18-603, MCA, which provides :
All fines and forfeitures collected in any court except
city courts must be applied to the payment of the costs of the case in which the...[[

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