City of Billings Ex Rel. Huertas v. Billings Municipal Court

OPINION AND ORDER

¶1 Petitioner James Joseph Huertas (Huertas) requests this Court exercise supervisory control over the Billings Municipal Court and conclude the Municipal Court placed Huertas in double jeopardy when it granted the City’s motion for a mistrial and subsequently scheduled a new trial.

¶2 Montana Constitution, Article VII, Section 2(2), grants this Court general supervisory control over all other courts. This Court exercises supervisory control on a case-by-case basis, as it is an extreme remedy. M. R. App. P. 14(3). Supervisory control is appropriate “when urgency or emergency…