Armstrong v. State, Dept. of Justice

Bradley H. Armstrong appeals from an order of the District Court of the Eleventh Judicial District for Flathead County, Montana, denying him attorney's fees and costs. We affirm.

The issue before the Court is whether the District Court erred in refusing to award attorney’s fees and costs to the appellant.

Abrief recitation of the facts of the underlying case from which this appeal originally stems is necessary. In Armstrong v. State (1990), 245 Mont. 420, 800 P.2d 172, (hereinafter Armstrong I), a Columbia Falls Police officer observed the appellant driving down an alley at approximately 2:00…