Part of an irregular series in which I take note of novel forms of relief sought by litigants in my sphere of influence.
Today I am in receipt of a Motion for Fist Fight dated two weeks ago in the Montana Fourth Judicial District Court, Mineral County in the case of State v. Mauhar, No. D2005-8. My research confirms that this brief was actually filed (and later withdrawn).
The defense attorney asserted that (1) the prosecution had maintained that the decedent (one Matt Palagi) had the right to beat up the defendant and another individual, Demetrius Joslin, and (2) therefore the defense and the prosecution should settle the matter via fistfight.
The State of Montana responded the following day that "While counsel for the State are confident they could acquit themselves respectably if were necessary to settle any part of this matter by means of a physical contest . . ." etc.
Now. There was a real Matt Palagi who was stabbed to death by Demetrius Joslin, and defendant Mauhar (name misspelled in one of the pleadings) was in fact represented by Kirk Krutilla and David Stenerson, whose names are listed on the pleadings I have.
Poking a little deeper below the surface, it appears that Mr. Krutilla was subjected to some heckling shortly before this motion was filed. And the Clark Fork Chronicle, which comes out once per week, reports that one of Krutilla's friends has been assaulted and Krutilla himself has left this case.
Mineral County, Montana, sounds like a lonely place to be if they're gunnin' for ya. The county contains 1,223 square miles with a population of 3,600, which is, let's see, three people per square mile.
When I first saw the style of the pleading, I thought this was going to be funny. The more I research this matter, the more I feel a chill.