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.

Friday, October 17, 2008

1 year time limit on misdemeanor prosecution 45-1-205

No. 02-620
IN THE SUPREME COURT OF THE STATE OF MONTANA
2004 MT 159
KENNETH DEXTER,
Petitioner and Appellant,
v.
JACK SHIELDS, Justice of the Peace
and JOHN DOE, Sheriff of Fergus County,
Kenneth Dexter (Dexter) was sentenced to one year in jail for third offense DUI. His
sentence was suspended upon condition that he serve ninety days and pay a fine. He failed
to do either. Approximately three years later, he was arrested on an outstanding warrant
issued after his suspended sentence had expired. Presiding Justice of the Peace Jack Shields
(Shields) invoked his contempt of court powers and sentenced Dexter to jail for failing to
fulfill the conditions of his suspended sentence. Dexter filed an application for a Writ of
Habeas Corpus in the Montana Tenth Judicial District Court, Fergus County. The District
Court released Dexter pending a hearing on his application. The District Court subsequently
concluded, however, that Shields had the authority to find Dexter in contempt of court and
to punish Dexter accordingly. Dexter appeals. We reverse.

No comments:

About Me

My photo
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