Legal Opinion
State v. Herrick
Montana Supreme Court
Decided November 16, 2004No. 03-562PublishedCited by 18 opinions
1Opinion of the CourtChief Justice Gray
¶1 A jury in the Eighth Judicial District Court, Cascade County, found Jason Herrick guilty of attempted deliberate homicide and carrying a concealed weapon. Herrick appeals and we affirm.
¶2 The issues are:
¶3 1. Did the District Court abuse its discretion in violation of Herrick’s right to due process of law in granting the State of Montana’s request to restrain him with leg irons during trial?
¶4 2. Did the shackling of Herrick during trial violate his right to a fair trial or individual dignity under the Montana Constitution?
BACKGROUND
¶5 On Friday, September 6, 2002, City of Great Falls…
2Cases cited14 opinions
- Illinois v. AllenSupreme Court of the United States · 1970
- Holbrook v. FlynnSupreme Court of the United States · 1986
- Tony Duckett v. Salvador Godinez Brian McKayCourt of Appeals for the Ninth Circuit · 1995
- State v. FinchWashington Supreme Court · 1999
- United States v. Jeffery Scott DurhamCourt of Appeals for the Eleventh Circuit · 2002
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Deck v. MissouriSupreme Court of the United States · 2005
- State v. JacksonMontana Supreme Court · 2009
- In re the Mental Health of T.J.F.Montana Supreme Court · 2011
- State v. RudolphMontana Supreme Court · 2005
- State v. HartsoeMontana Supreme Court · 2011
13 more not listed; retrieve them via the Exa API.