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STATE v. MATHIS

No. 01-671.

68 P.3d 756 (2003)

2003 MT 112

STATE of Montana, Plaintiff and Respondent, v. James MATHIS, Defendant and Appellant.

Supreme Court of Montana.

Decided April 25, 2003.

Attorney(s) appearing for the Case

James Mathis (pro se).

Hon. Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Kirsten LaCroix, Deputy County Attorney, Missoula, Montana, for Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 After receiving a citation for speeding in a construction zone, Appellant James Mathis challenged the constitutionality of § 61-8-314, MCA, contending that the provision unlawfully delegated legislative authority to an administrative agency and/or private party. The District Court for the Fourth Judicial District Court, Missoula County, rejected Mathis's constitutional challenge and the case proceeded...

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