Legal Opinion

State v. Fellers

Montana Supreme Court

Decided November 16, 2004No. 03-522PublishedCited by 4 opinions

1Opinion of the CourtJustice Nelson

¶1 Earl Gale Fellers (Fellers) appeals the judgment of the Eighth Judicial District Court, Cascade County, denying his motion to dismiss the drug charges against him.

¶2 We address the following issue on appeal and affirm: Did the District Court err in denying Fellers’ motion to dismiss?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On February 15,2002, around 6:45 a.m., Officer Damon Simmons (Officer Simmons) was dispatched to the Great Falls Albertson’s grocery store to investigate a reported theft.

¶4 Upon arriving at Albertson’s, Officer Simmons spoke with several employees, including Jonathan Madison…

2Cases cited4 opinions

  1. State v. ElisonMontana Supreme Court · 2000
  2. State v. MartinezMontana Supreme Court · 2003
  3. State v. BauerMontana Supreme Court · 2001
  4. State v. LeesonMontana Supreme Court · 2003

3Cited by4 opinions

  1. State v. BrittMontana Supreme Court · 2005
  2. State v. MyhreMontana Supreme Court · 2005
  3. State v. RorvikMontana Supreme Court · 2005
  4. O Leary v. StateMontana Supreme Court · 2006

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