State v. Benn

OPINION AND ORDER

¶1 Colin M. Stephens, counsel for Appellant Wesley William Benn, filed a notice advising that Benn passed away on July 26, 2011. The State of Montana moved for dismissal, arguing that Benn’s death had mooted the appeal. Benn’s counsel filed a response opposing the State’s motion, and suggesting that this Court’s precedent, particularly, our last ruling on this issue in State v. Holland, 1998 MT 67, 288 Mont. 164, 955 P.2d 1360, was unclear about the effect of a defendant’s death upon the proceeding. We concluded the issue warranted further consideration and ordered the…