State v. Mann
Montana Supreme Court
1Opinion of the CourtJustice Cotter
¶1 Marvin Mann (Mann) appeals a District Court ruling that he failed to rebut the presumption of regularity accorded to two prior DUI convictions. We reverse and remand.
ISSUE
¶2 The issue on appeal is whether the District Court incorrectly determined that Mann failed to overcome the “presumption of regularity’ accorded to his 1993 and 1994 DUI convictions.
FACTUAL AND PROCEDURAL BACKGROUND
¶3 On August 9, 2003, deputies from the Blaine County Sheriffs Department stopped a car traveling west on Highway 2. Mann was driving the vehicle and exhibited signs of intoxication. At the officers’ request,…
2Cases cited14 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Brewer v. WilliamsSupreme Court of the United States · 1977
- State v. GallagherMontana Supreme Court · 2001
- State v. OklandMontana Supreme Court · 1997
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