Opinion
OP 22-0037
01-28-2022
KIP HARTMAN, Petitioner, v. MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY, HON. MATTHEW J. CUFFE, Presiding, Respondent.
ORDER
Petitioner Kip Hartman seeks a writ of supervisory control over the Nineteenth Judicial District Court, Lincoln County, in its Cause No. DC-19-75 to reverse that Court's October 4, 2021 Opinion and Order on Defendant's Plea of Former Jeopardy and Motion to Dismiss. Hartman alleges supervisory control is necessary because the District Court is violating his constitutional right against double jeopardy by retrying him after a mistrial.
Having reviewed the Petition and the challenged Order, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Nineteenth Judicial District Court, and the State of Montana, or both, are granted to and including February 28, 2022, to prepare, file, and serve a response(s) to the petition for writ of supervisory control in Cause No. DC-19-75.
The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Nineteenth Judicial District Court, Lincoln County, Cause No. DC-19-75, and the Honorable Matthew J. Cuffe, presiding.