Woirhaye v. Montana Fourth Judicial Districtcourt

CHIEF JUSTICE TURNAGE delivered

the Opinion of the Court.

¶1 In this case, Richard Quinton Woirhaye seeks a writ of supervisory control regarding a decision of the Fourth Judicial District Court, Missoula County. That court upheld the constitutionality of § 46-17-201(3), MCA, against Woirhaye’s claim that the statute violated his right to trial by jury. In a June 2,1998 order, we accepted supervisory control. We now hold that § 46-17-201(3), MCA, violates the right to trial by jury.

¶2 The issue is whether § 46-17-201(3), MCA, infringes upon the rights guaranteed under Article II, Sections 24…