By Mikal Overturf
Students
over at the justice building have been hard at work appealing some interesting
cases. One case, titled Beartooth County School District vs. Phil Theerich,
Mitch Theerich, and Kitch Theerich involves twins breaking into their
father’s home, stealing firearms, and using them to shoot the shape of a
swastika onto the wall of the school’s gym. The School is appealing for Phil
Theerich to have to pay damages, even though his wife already did. He was not
in custody of the children at the time, although they were living with him. The
appellant argument involves the terms of the custody agreement as well as
investigation into punitive laws.
The second case is the state of
Montana vs. Gail Gorgeous. Gorgeous and her boyfriend were pulled over for a
broken license plate light. The officer found marijuana on her person after she
made a suspicious hand gesture and she was placed under arrest. The officer
then searched her purse and discovered methamphetamines. Gorgeous is appealing
the decision on the basis of the officer’s rights during the initial traffic
stop as well as the inevitability of the meth discovery.
The first day, the students argued on
behalf of the case they had prepared beforehand. The second, they had to switch
and argue the opposing side. The Court advisor, Lindsey Bambich said that the
program was, “very realistic, the students spent a lot of time on their
arguments and it helps them gain a good sense of the law.” She said that the
cases were based on actual appeals in the Montana Supreme Court. The students
were given actual cases to back up their arguments, and must use real Montana
law. “The students put in a lot of effort for these cases and it is a good way
to better your public speaking.
The
Showcase rounds occur today. Three actual Supreme Court Justices read the
briefs made by the record 18 teams and voted on two teams (appellants and
respondents) for each case. They will hear the cases today and make the final
decision on the oral arguments.
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