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City of Missoula v. Shumway

Supreme Court of Montana

February 12, 2019

CITY OF MISSOULA, Plaintiff and Appellee,
v.
CHRISTINE LYNNE SHUMWAY, Defendant and Appellant,

          Submitted on Briefs: October 10, 2018

          APPEAL FROM: District Court of the Fourth Judicial District, In and For the County of Missoula, Cause No. DC-17-232 Honorable John W. Larson, Presiding Judge.

          For Appellant: Chad Wright, Appellate Defender, Moses Okeyo, Assistant Appellate Defender, Helena, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, Madison L. Mattioli, Assistant Attorney General, Helena, Montana

          Jim Nugent, Missoula City Attorney, Carrie L. Garber, Senior Deputy City Attorney, Missoula, Montana

          OPINION

          LAURIE McKINNON JUSTICE.

         ¶1 Christine Lynne Shumway (Shumway) appeals an order from the Fourth Judicial District Court, Missoula County, affirming her convictions for two counts of criminal possession of drug paraphernalia in the Missoula City Municipal Court. We affirm.

         ¶2 Shumway presents the following issues for review, which we restate as:

1. Did Shumway bear the burden of proving she fit under a statutory exception for criminal possession of drug paraphernalia for individuals in compliance with the Medical Marijuana Act?
2. Did sufficient evidence support Shumway's convictions of criminal possession of drug paraphernalia?

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶3 On September 24, 2016, City of Missoula Police Officer Nathan Mattix (Mattix) responded to a call at a Missoula Walmart where employees held two individuals they suspected of shoplifting, one of which was Shumway. Mattix eliminated Shumway as a shoplifting suspect but arrested her after he discovered she had outstanding warrants.

         ¶4 During the arrest, Shumway told Mattix that she had two glass "marijuana pipes" in her purse but that she had a Montana Marijuana Act (MMA) registry identification card (Registry Card). However, Shumway did not provide Mattix with a Registry Card, and Mattix did not uncover any evidence Shumway in fact possessed one. Mattix cited Shumway with two counts of criminal possession of drug paraphernalia under § 45-10-103, MCA.

         ¶5 At trial, the City introduced the two glass pipes into evidence, and Mattix confirmed they were the same pipes he seized from Shumway. He confirmed that based on his inspection of the glass pipes, he determined they contained burned marijuana residue. From his observations, he inferred each pipe had been ...


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