Legal Opinion
Herman v. State
Montana Supreme Court
Decided January 10, 2006No. 04-054PublishedCited by 34 opinions
1Opinion of the CourtChief Justice Gray
¶1 Dallas C. Herman appeals from the Order entered by the Eleventh Judicial District Court, Flathead County, dismissing his petition for postconviction relief. We affirm.
¶2 The restated issues on appeal are:
¶3 1. Did the District Court err in dismissing the claims in Herman’s petition for postconviction relief pursuant to §§ 46-21-104(l)(c) and - 201(l)(a), MCA?
¶4 2. Did the District Court abuse its discretion by failing to hold an evidentiary hearing on Herman’s petition?
¶5 3. Did the sentencing court err in imposing restitution as part of Herman’s sentence?
BACKGROUND
¶6 In early 2001, the…
2Cases cited18 opinions
- State v. JeffersonMontana Supreme Court · 2003
- State v. JeffersonMontana Supreme Court · 2001
- State v. EatonMontana Supreme Court · 2004
- Ellenburg v. ChaseMontana Supreme Court · 2004
- Cooper v. StateIdaho Supreme Court · 1975
13 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Heath v. StateMontana Supreme Court · 2009
- Gyme Kelly v. StateMontana Supreme Court · 2013
- Hamilton v. StateMontana Supreme Court · 2010
- Foston v. StateMontana Supreme Court · 2010
- Reinert v. StateMontana Supreme Court · 2020
29 more not listed; retrieve them via the Exa API.