12/22/2023

Case Number: DA 21-0583

IN THE SUPREME COURT OF THE STATE OF MONTANA THE OFFICE OF THE CLERK OF SUPREME COURT HELENA, MONTANA 59620-3003

December 22, 2023

NOTICE Supreme Court No. DA 21-0583

IN THE MATTER OF:

N.T.,

A Youth.

NOTICE OF CORECTED OPINION - 2023 MT 247N the following corrections were made; Corrections have been made to an Opinion that was submitted. The corrections are listed below and a new Opinion is attached. Sorry for the inconvenience.

DA 21-0583 In the Matter of N.T., A Youth

¶2: N.T. appeals his conviction adjudication as a delinquent youth and youth court disposition entered in from the Montana Eighteenth Judicial District Youth Court, Gallatin County, for committing acts that would constitute felony criminal mischief, a felony in violation of § 45-6-101, MCA. Corrected: ¶ 2 N.T. appeals his adjudication as a delinquent youth and youth court disposition entered in the Montana Eighteenth Judicial District Youth Court, Gallatin County, for committing acts that would constitute felony criminal mischief, in violation of § 45-6-101, MCA.

¶ 7 The State petitioned that N.T. be declared a delinquent youth for committing acts that would constitute felony criminal mischief, in violation of § 45-6-101, MCA, if committed by an adult. N.T. was charged with criminal mischief in violation of § 45-6-101, MCA. Corrected: ¶7 The State petitioned that N.T. be declared a delinquent youth for committing acts that would constitute felony criminal mischief, in violation of § 45-6-101, MCA, if committed by an adult.

PO BOX 203003  HELENA MT  59620-3003  TELEPHONE: (406) 444-3858  FAX: (406) 444-5705 ¶8 The District Youth Court agreed with the State and allowed the admission of all evidence gathered prior to the improper Miranda advisory. Following a jury trial, N.T. was convicted of A jury found N.T. committed acts of criminal mischief and N.T. was adjudicated a delinquent youth. Corrected: The Youth Court agreed with the State and allowed the admission of all evidence gathered prior to the improper Miranda advisory. A jury found N. T. committed acts of criminal mischief and N. T. was adjudicated a delinquent youth.

¶15 Therefore, the District Youth Court did not err when it admitted the statements made by N.T. during his initial encounter with Officer Hodges. Corrected: Therefore, the Youth Court did not err when it admitted the statements made by N.T. during his initial encounter with Officer Hodges.

As a reminder, one can follow this case online through the Clerk of the Supreme Court’s Public View Docket at http://supremecourtdocket.mt.gov/.

Sincerely,

Bowen Greenwood Clerk of the Supreme Court

PO BOX 203003  HELENA MT  59620-3003  TELEPHONE: (406) 444-3858  FAX: (406) 444-5705