Legal Opinion

State v. Herd

Montana Supreme Court

Decided April 6, 2004No. 02-563PublishedCited by 68 opinions

1Opinion of the CourtJustice Cotter

¶1 Michelle Lee Herd appeals a sentencing condition imposed in the District Court Judgment which followed her plea of guilty to four counts of negligent homicide. We reverse and remand.

ISSUE

¶2 Did the District Court err when it ordered, as a condition of her sentence for negligent homicide, that Herd be barred from driving for forty years?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On December 27,2000, Herd was living near Seattle, Washington, when she received an emergency phone call from her father. He said her mother had suffered a stroke and would probably not live more than 48 hours. Herd and…

2Cases cited7 opinions

  1. State v. MontoyaMontana Supreme Court · 1999
  2. State v. OmmundsonMontana Supreme Court · 1999
  3. State Ex Rel. Holt v. District Court of the Twenty-First Judicial District Court of the State of MontanaMontana Supreme Court · 2000
  4. State v. ClarkMontana Supreme Court · 2000
  5. State v. FlanaganMontana Supreme Court · 2003

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

3Cited by68 opinions

  1. State v. AriegweMontana Supreme Court · 2007
  2. State v. AshbyMontana Supreme Court · 2008
  3. State v. GundersonMontana Supreme Court · 2010
  4. State v. HermanMontana Supreme Court · 2008
  5. State v. FergusonMontana Supreme Court · 2005

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

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