Legal Opinion

State v. Herman

Montana Supreme Court

Decided March 31, 2009No. DA 07-0279PublishedCited by 12 opinions

1Opinion of the CourtJustice Warner

¶1 Cloise Calub Herman (Herman) appeals from a judgment of conviction for aggravated assault in the Tenth Judicial District Court, Petroleum County. We restate and address the issues necessary to decide this appeal as follows:

¶2 Issue 1: Did the District Court err in denying Herman’s motion to dismiss for violation of his speedy trial right?

¶3 Issue 2: Did the District Court err in denying Herman’s motion to excuse a potential juror for cause?

¶4 Issue 3: Did the District Court err in denying Herman’s motion to dismiss for loss of exculpatory evidence?

¶5 As we remand for a new trial, we…

2Cases cited24 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. State v. AriegweMontana Supreme Court · 2007
  3. State v. DerbyshireMontana Supreme Court · 2009
  4. State v. HarrisMontana Supreme Court · 1991
  5. State v. HeathMontana Supreme Court · 2004

19 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. PassmoreMontana Supreme Court · 2010
  2. State v. StoutMontana Supreme Court · 2010
  3. State v. AnkenyMontana Supreme Court · 2010
  4. State v. StopsMontana Supreme Court · 2013
  5. McAtee v. CommonwealthKentucky Supreme Court · 2013

7 more not listed; retrieve them via the Exa API.

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