STATE v. BENN

No. DA 11-0031.

274 P.3d 47 (2012)

2012 MT 33

364 Mont. 153

STATE of Montana, Plaintiff and Appellee, v. Wesley William BENN, Defendant and Appellant.

Supreme Court of Montana.

February 14, 2012.


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...

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