State v. Snell

¶1 This Court issued its original Opinion in this case on September 14, 2004. See State v. Snell, 2004 MT 258, 323 Mont. 84 (Snell I). Snell filed a Petition for Rehearing on September 24, 2004. The State filed its Objections to the Petition for Rehearing on September 30, 2004. Snell raised two issues in his Petition. First, he maintained this Court overlooked his affidavit wherein he made affirmative statements that constitute the necessary direct evidence of the constitutional infirmity of his prior Driving Under the Influence (DUI) convictions. Second, he argued this Court erroneously…