Judge dismisses French case

 

January 3, 2019



Back and forth, divided by two sides, like a game of ping pong, Mark French has seen his accusation, trial and dismissal of night-time speeding go.

According to French, he has recently received notice that District Court Judge Robert Deschamps has dismissed his heavily-fought speeding ticket through the Sanders County Attorney’s office. It was not a simple process according to French, who took his case all the way to the Supreme Court.

The beginning was in March 2016, when French was cited for speeding. According to French he was wrongfully accused and challenged the ticket in Justice Court, where he was found guilty. He then elevated the citation to District Court where he was once again found guilty.

It was here, at the District Court level, where French felt he received a wrongful conviction based on the prosecutor announcing to the jury that he was found guilty at the Justice Court level. French took this argument to the Supreme Court and they sided with him, stating that “because the prosecutor stated prejudicial facts not before the jury’s consideration, we reverse and remand to the District Court for a new trial.”

Deschamps received the Supreme Court decision and dismissed the case recently. French accepted this dismissal and hopes to have “brought this to the public eye.

“I had a Justice Court jury trial and then a District Court jury trial, then my appeal to the Supreme Court. The Supreme Court remanded back to the county attorney. The county attorney then dismissed the case,” French stated to sum up the two-and-a-half-year process that has come to an end.

Two of French’s three arguments taken to the Supreme Court were dismissed by the court stating that the District Court complied within their authority and legal means.

 

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