State Ex Rel. Torres v. Eighth Jud. Dist.7/6/1994
, 51 St.Rep. 599
Original Proceeding Submitted May 26, 1994.
BACKGROUND
This is an original proceeding. On February 9, 1993, John C. Torres, a/k/a John C. Hess, (Torres or the defendant) was charged by information in the Eighth Judicial District Court, Cascade County, with one count of Negligent Homicide, a felony, in violation of § 45-5-104(1), MCA, (1991), alleged to have been committed on or about June 20, 1992. On February 23, 1993, Torres entered his plea of not guilty and, by counsel, filed his Motion to Dismiss With Prejudice and a supporting brief. The grounds for his motion are not pertinent to our decision here. On March 5, 1993, the State filed its brief in answer to Torres' motion, and after arguments on March 25, 1993, the District Court orally denied Torres' motion, and filed its written order to that effect on April 2, 1993.
Torres, subsequently, on August 30, 1993, filed various other pretrial motions with a supporting memorandum. Included in his motions were five additional motions to dismiss based on alleged violations of the year and day rule, destruction of evidence, violation of equal protection and due process, double jeopardy and the interests of justice. Again, for purposes of this opinion, we are not concerned with the underlying merits of Torres' motions. On September 8, 1993, Torres filed additional pretrial motions, including another motion to dismiss alleging outrageous government conduct on the part of the prosecution. The State did not file any written response to Torres' pretrial motions filed August 30, 1993, or September 8, 1993, until November 16, 1993, when it responded in writing to the motions filed September 8, 1993.
The record indicates that a hearing on Torres' motions was held on September 9, 1993, and that the District Court dismissed defendant's motion to suppress and took his other motions under advisement.
On September 10, 1993, the District Court entered its written order setting forth various facts underlying the Negligent Homicide charge and the procedural history of not only that charge, but of a related charge of DUI to which Torres had entered a plea of guilty in Justice Court and on which he had been sentenced to and had served jail time, all prior to the filing of the Negligent Homicide charge. The District Court concluded that Torres' state and federal constitutional rights to due process and fundamental fairness had been violated (1) by the State filing the Negligent Homicide charge; (2) because of outrageous government conduct (the court concluded that the prosecution had directed one of its potential witnesses, a highway patrolman, to cancel an appointment with defense counsel and to not talk with the defense without the prosecutor being present); (3) because the State failed to give adequate notice of its intention to introduce hospital medical records of the defendant's blood alcohol level (his blood sample submitted to the State Crime Lab had been compromised); (4) because the court found "serious questions" about the cause of death of the victim due to evidence being destroyed; (5) because of the late filing of the State's "Just" notice; and (6) under § 46-13-401, MCA, in furtherance of justice.
Following its "Judicial Conclusions" the District Court entered the following order: "Based upon the foregoing Conclusions, it is hereby ordered that this case is dismissed with prejudice." (Emphasis added).
On September 16, 1993, the State filed its Motion to Reconsider and Memorandum in Support alleging factual and legal errors in the District Court's September 10, 1993, order of dismissal. The prosecution, concluding that the court's or
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