MEMORANDUM

CONFIDENTIAL

Attorney's Work Product

TO: Judicial Affairs Committee

FROM: Your Name

RE: Describe the subject of the memo, e.g. "Lucinda, Plagiarism Investigation."

DATE: Date

FACTS

Fill in the facts. Do not make assumptions about other facts.

QUESTION PRESENTED

BRIEF ANSWER

DISCUSSION

Include the policy, (rule, regulation, statue, or cases) in this section. List the elements of the rule (or cases etc.) and discuss each in a separate section. Number and label each of these sections.

CONCLUSION

FINAL MEMO AUTHORITIES

Attached, please find the following sources:

• Mont. Code. Ann. 45-5-213 (2010).
• Mont. Code. Ann. 45-2-101(79) (2010).
• In re R.L.S., 977 P.2d 967 (Mont. 1999).
• Montana v. R.B. "J" C., 97 P.3d 1116 (Mont. 2004).
• Montana v. Wilson, 936 P.2d 316 (Mont. 1997).

2. Some notes on the sources:

• First, statutes are often renumbered, and that is the case here with both of the statutes at issue. The language in the current Montana Code section 45-5-213 used to be found at section 45-5-202.Additionally, the current 45-2-101 (79) used to be numbered variously as 45-2-101 (78) and (76). But the language remained the same. Thus, depending on the numbering scheme current at the time an opinion was written, you are likely to see the court referring to slightly different numbering than the current one.This does not affect the analysis whatsoever, but I mention it so you will not think these cases are irrelevant.

• Second, the last case, Wilson, is about a slightly different statute than the one under which Mr. Montaba has been charged (Wilson was charged with robbery with a dangerous weapon, unlike Mr. Montaba, who has committed no robbery), but it nevertheless can be relevant to the analysis. It is for you to determine whether the fact that it is a slightly different statute is significant in the analysis.

2. The citations above are in proper Bluebook form. The first time you cite an authority, use the full cite as provided. (Don't forget to add a pincite to identify the exact page you're citing.)
4. After the first cite, you may refer to a source by its short form:

• 45-5-213.
• 45-2-101(79).
• R.L.S., 977 P.2d at pincite.
• R.B. "J" C., 97 P.3d at pincite.
• Wilson, 936 P.2d at pincite.

3. Moreover, if you are citing to the immediately preceding authority, you may use:

• Id.
• Id. at pincite. (if you're citing to the same source, but a different page)

To: New Paralegal

From: Senior Partner

Date: April 1, 2024

Re: Possible assault with a deadly weapon charge

I know you are still working on the battery claim, butI've got another situation that needs some attention once you are done. Casey Montaba, the grandson of one of our best clients, lives in Montana and has been charged with Assault with a Deadly Weapon. Here are the facts (all of which took place in Montana):

On January 13, Mr. Montaba got into an argument with his roommate, Darrell Blevins. At some point during the argument, as tensions escalated, Mr. Blevins began throwing empty beer cans around the apartment, though none were aimed at Mr. Montaba. Mr. Blevins became quite agitated, ultimately shouting, "I'm going to freakin' destroy this place, Casey!"

At that point, Mr. Montaba reached into his pocket and pulled out a cigarette lighter, which he had just purchased that morning, that was designed to look precisely like a handgun. When the trigger is pulled, a small flame is ignited at the end of the barrel. Mr. Montaba, however, did not pull the trigger, though he states it was in good working order and contained fuel. Instead, he pointed it at Mr. Blevins and said, "Oh yeah? Well, I'm going to blow your freakin' head off." Mr. Blevins then immediately began pleading with Mr. Montaba to "put the gun away, man."

Now laughing manically, Mr. Montaba kept the gun trained on Mr. Blevins until a neighbor knocked on the door, apparently to warn the occupants that he had called the police about the disturbance. At that moment, Mr. Blevins fled out the back door.When police arrived, a shaking Mr. Blevins approached them, shouting "He's nuts, man! He pulled a freakin' gun on me!"

Mr. Montaba was charged with Assault with a Deadly Weapon.Claiming the lighter was not a "weapon," he seeks to have the charge dismissed.

I've had an associate do some preliminary research, and she found the relevant Montana statutes and three cases that might be helpful.I've attached those materials to this memo for your convenience. Please look over these authorities and write a concise analysis of whether a court is likely to dismiss the charge. I need from you a memo that contains your analysis in IRAC form. Please also include a statement of facts in this memorandum.

Please follow the firm's formatting guidelines for memos: double spaced, 12-point font, pages numbered, first line of paragraphs indented and justified alignment.

One more thing-please try to use proper Bluebook form.You know how I love citation rules!

Now get to work.