[DOWNLOAD] "State Ex Rel. Nelson v. Ninth Dist. Court" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Nelson v. Ninth Dist. Court
- Author : New Mexico Supreme Court
- Release Date : January 18, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Defendant William v. Hill was charged by information, filed in the Ninth Judicial District Court in Glacier County, with felony assault in violation of § 45-5-202(2)(c), MCA; obstructing a peace officer in violation of § 45-7-302(1), MCA; and resisting arrest in violation of § 45-7-301(1)(a), MCA. Prior to trial, defendant formally waived his right to a jury trial and requested a trial of factual issues before the District Court without a jury. However, in response, the State demanded a jury trial of all factual issues. After considering the arguments of the parties, the District Court concluded that § 46-16-110(3), MCA, permitted defendant to waive his right to trial by jury and did not violate Article II, Section 26, of the Montana Constitution. On that basis, the District Court denied the States demand for a jury trial. The State petitioned this Court to review the District Courts decision. We accepted review of this issue pursuant to our authority to exercise supervisory control. Upon completion of that review, we affirm the order of the District Court. - Page 72