Legal Opinion

State v. Sheehan

Montana Supreme Court

Decided December 6, 2005No. 04-248PublishedCited by 11 opinions

1Opinion of the CourtJustice Rice

¶1 Donald Lee Sheehan (“Sheehan”) appeals his conviction in the District Court for the Seventh Judicial District, Richland County, of driving while under the influence of alcohol (“DUI”), fourth or subsequent offense, a felony. We affirm.

¶2 Sheehan raises the following issue on appeal:

¶3 Did the District Court err, and thereby violate due process, by denying defendant an opportunity to present an alternative scenario at trial to explain his apparent state of intoxication?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 During the early morning hours of February 20, 2003, Anna Christenson, Eddie Cook, and…

2Cases cited5 opinions

  1. Steer, Inc. v. Department of RevenueMontana Supreme Court · 1990
  2. State v. BeaversMontana Supreme Court · 1999
  3. State v. MillerMontana Supreme Court · 1988
  4. Porter v. PorterMontana Supreme Court · 1970
  5. Henrichs v. ToddMontana Supreme Court · 1990

3Cited by11 opinions

  1. State v. PriceMontana Supreme Court · 2006
  2. State v. BelanusMontana Supreme Court · 2010
  3. In Re GMMontana Supreme Court · 2009
  4. In re G.M.Montana Supreme Court · 2009
  5. State v. Jack GriffinMontana Supreme Court · 2007

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