IN THE SUPREME COURT OF THE STATE OF MONTANA
No. 01-528
THE STATE OF
V.
Plaintiff and Respondent,
MARK EDWARD WALKER.
Defendant and Appellant.
APPELLANT’S REPLY BRIEF
ON APPEALFROM THE MONTANA EIGHTH
TABLE OF CONTENTS
TABLE OF AUTHORITIES
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I. SUMMARY OF ARGUMENT
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II. ARGUMENT ...............................................
A. WALKER’S APPEAL IS NOT MOOT.
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B. VENUE MUST HAVE BEEN RAISED AS A CROSS-APPEAL.
III. CONCLUSION .............................................
APPENDIX ...................................................
CERTIFICATE OF SERVICE
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CERTIFICATE OF COMPLIANCE.
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TABLE OF AUTHORITIES
TABLE OF CASES
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Other Authorities
3 2-9-301 M.C.A. .............................
3 46-21-101 M.C.A. ...........................
Rule 5, M.R.App.P. ............................
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Rule14,M.R.App.P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
I. SUMMARY OF
Appellant Walker will address two of the three issues raised by Respondent,
State of Montana, in its Reply Brief. Appellant will not address Respondent’s
“Statement of
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II. ARGUMENT
A. WALKER’S APPEAL IS
still grant effective relief.
Id.; See, Shamrock Motors, Inc. v.
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correctional officers alike who
Walker’s aberrant
behaviors, including three suicide attempts while in Maximum Security, Dr. Stratford
testified that prior to entering M.S.P., Walker was properly treated in
that his mental
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rendering this matter moot, this
Judge Neill’s decision undisturbed.
Walker will be left with a finding of fact that the “Behavior Management Plans
Walker was placed on were appropriate under the circumstances
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psychiatry, forensic psychiatry, and mental
prison setting, also
confirmed that inmates have a disincentive to testify about the prison conditions
because of retaliation by correctional staff. 813 l/O0 Tr. at 338: 3- 16.
quoting In re N.B., 190 Mont, 3 19,322-23,620
P.2d 1228, 1230-31 (1980). This Court then considered the constitutional right to
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whether Montana State Prison disciplinary techniques
living
conditions in the
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raised two issues not addressed
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statute and
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IN THE SUPREME COURT OF THE STATE 0F MONTANA
No. 01-528
THE STATE OF MONTANA,
Plaintiff and Respondent,
V.
MARK EDWARD WALKER,
Defendant and Appellant.
APPENDIX
Exhibit A: Letter from Sunday Z. Rossberg to Bill Gianoulias dated August 1, 2002
August 1,2002
CC Mark walker
/
Rob Stephens, Esq.
Encl: Complaint
Appellam’s Brief
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing APPELLANT’S BRIEF
was served on counsel of record by depositing a true and correct copy in the U.S.
mail, postage prepaid, on the 16’h day of August 2002, and addressed as follows:
Mike McGrath
Attorney General
Dept. Justice
P.O. Box 201401
Helena, MT 59620- 140 1
BRANT LIGHT
Cascade County Attorney
12 1 41h Street North Falls, MT 59401
DIANA LEIBINGER KOCH
Special Assistant Attorney General
Department of Corrections
POBox201301
Helena, MT 59620- 130 1
Vema D. Stewart
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CERTIFICATE OF COMPLIANCE
Pursuant to Rule 27 of the Montana Rules of Appellate Procedure, I certify that
this Brief of Defendant and Appellant is printed with a proportionately spaced Times
New Roman non-script text typeface of 14 points; is double spaced except for
footnotes and for quoted and indented material; and the word count calculated by
WordPerfect 9.0 for Windows. in addition to a manual count of the words contained
in foomotes, totals 1,709 words, excluding table of contents, table of authorities,
appendix, certificate of service and certificate of compliance.
Dated this 16’h day of August 2002.
Verna D. Stewart