State v. W. Smith

01/19/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA
DA 18-0187 Case Number: DA 18-0187
LiEj
STATE OF MONTANA, JAN 1 9 2021
Bowen Greenwood
Plaintiff and Appellee,
ORIr Clerk of Supreme Court
State of Montana
v. ORDER
WESLEY SMITH,
Defendant and Appellant.
Pursuant to the Internal Operating Rules of this Court, this cause is classified for
oral argument before the Court sitting en banc and is hereby set for argument on
Wednesday, February 17, 2021, at 9:30 a.m. in the Courtroom of the Montana Supreme
Court, Mazurek Justice Building, Helena, Montana.
IT IS FURTHER ORDERED that pursuant to M. R. App. P. 17(3), oral argument
tirnes in this cause number shall be forty (40) minutes for the Appellant and thirty (30)
minutes for the Appellee.
IT IS FURTHER ORDERED that oral argument shall be limited to the following
issue:
Whether § 45-5-625(4)(b), MCA, which requires supervision by the
Department of Corrections and continuous satellite-based monitoring for the
remainder of an offender's life after prison, even when the sentence is
discharged, facially violates the Fourth,Eighth, and Fourteenth Amendments
of the United States Constitution and Article II, Sections 10, 11, 22, and 28,
of the Montana Constitution.
Counsel should be mindful of the provisions of M.R. App. P. 17(6).
The Clerk is directed to provide a copy hereof to all counsel of record and to the
Honorable Leslie Halligan, District Judge.
DATED this 1 9 —day of January, 2021.
For the Court,
Chief Justice