Legal Opinion

State v. Norvell

Montana Supreme Court

Decided May 7, 2019No. DA 17-0456PublishedCited by 2 opinions

1Opinion of the Court

Justice Jim Rice delivered the Opinion of the Court.

***406¶1 Brian Thomas Norvell (Norvell) appeals his conviction of aggravated assault, in violation of § 45-5-202, MCA, upon his no contest *636plea, in the Nineteenth Judicial District Court, Lincoln County. We reverse and remand for dismissal without prejudice.

¶2 We consider the following issue:

Did the District Court err by denying Norvell's motion to dismiss for unnecessary delay between his arrest and initial appearance?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 As alleged, on May 9, 2016, Norvell struck a cyclist with his car while driving on a…

2Cases cited15 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  3. Manuel v. City of JolietSupreme Court of the United States · 2017
  4. Shane Holloway v. Delaware County SCourt of Appeals for the Seventh Circuit · 2012
  5. Powell v. NevadaSupreme Court of the United States · 1994

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3Cited by2 opinions

  1. Ramon v. ShortMontana Supreme Court · 2020
  2. State v. J. LarsonMontana Supreme Court · 2023

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