State v. Bobby Cooksey

¶50 What follows are my views on the Court’s resolution of the present case and State v. Mitchell, 2012 MT 227, 366 Mont. 379, 286 P.3d 1196. Both Cooksey and Mitchell argue the application of § 45-3-112, MCA, to the facts of their respective cases, and the Assistant Attorneys General representing the State in these two cases respond to the defendants’ arguments with somewhat overlapping, but nevertheless distinct analyses of the statute. It thus facilitates my discussion to address both cases at once. In referring to the Court’s Opinions, I shall cite either “Cooksey, ¶_” or “Mitchell, ¶_.”

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