Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.

Wednesday, May 21, 2008

we reverse that part of the sentence requiring that he attend parenting classes.

2001 MT 111
STATE OF MONTANA,v.
PAUL EDMOND SMITH,
Smith appeals the portions of his new sentence that require him to attend parenting classes, and to pay $900 in jail costs. We affirm in part, reverse in part, and remand.
However, the State is correct that Smith did not object to the District
Court's imposition of costs in the record below. It is well established that for this Court to address an issue on appeal, the issue must have first been raised in the District Court. State v. Woods (1997), 283 Mont. 359, 372, 942 P.2d 88, 96-97. The District Court cannot be held in error for mistakes it was not given the opportunity to correct. State v. Rogers (1993), 257 Mont. 413, 419, 849 P.2d 1028, 1032.
We therefore affirm the condition that Smith pay for the costs of his incarceration, and we reverse that part of the sentence requiring that he attend parenting classes. This matter is remanded to the District Court for further proceedings consistent with this opinion.

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Given was raised on the streets and in foster homes surrounded by twelve girls. By age 11, authorities already warned his foster mother: “He’s too smart for his britches — keep an eye on him.” That early spark of genius — later estimated in the 145–155+ IQ range (top 0.1% to 0.01% of humanity) — combined with an elite, poetic vocabulary that flows like open chords, propelled him into a life few could survive, let alone immortalize. From the age of 16, Given became a one-man crime wave: robbing 75 banks with nothing but a Bic Pen and a smile, inventing the Mercury Bandit invisibility trick with a baby thermometer, dropping through pharmacy roofs with a Superman pillowcase, and running from New Orleans detectives through the French Quarter while dressed as a 70-year-old woman. He served 12 years on a 10-year federal sentence, reading 120 volumes of Supreme Court decisions in the hole and ruling the law library like a throne. He met the devil twice on a dope-sick bed and refused to curse God — only to have angels physically grab his arm and pull him back. His 56+ stories pour out raw, unoutlined, and alive — no MFA polish, no ghostwriter, no filter. The prose is Hemingway-tight yet