State v. Rogers

I respectfully dissent from the Court’s opinion in this case. We conclude that “... a straightforward reading of § 46-17-311, MCA, and our cases, appears to support the District Court’s conclusion that an appeal de novo is not available here.” I agree, and that, necessarily, is where our inquiry in this case must end.

Dissatisfied with the obvious, however, we then step through the looking glass and conclude that “taken together ... [§ 46-17-311 and Title 25, chapter 33, MCA] reflect the legislature’s intent to provide for appeals de novo to the district courts from all final justice court…