FT Peck Tribes v. Stafne

OPINION

GARY P. SULLIVAN, Chief Justice.

The Tribal Prosecutor appeals from a bench trial judgment of not guilty, the Honorable Marvin Youpee, presiding. The denial of the prosecution’s motion for continuance based on the Tribes’ failure to summons a key witness was an abuse of discretion by the Trial Court. We reverse and remand.

BRIEF FACTUAL OVERVIEW AND PROCEDURAL HISTORY

On February 25, 2000, Joe Beston Sr. reported that two males had broken into a house being renovated which was located at 322 Helena Street, Wolf Point, MT. *231Beston become aware of the incident and called the Tribal Police…