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STATE v. SNELL

No. 03-109.

103 P.3d 503 (2004)

2004 MT 334

324 Mont. 173

STATE of Montana, Plaintiff and Respondent, v. Kenneth SNELL, Defendant and Appellant.

Supreme Court of Montana.

Decided November 23, 2004.

Attorney(s) appearing for the Case

For Appellant: Jeffrey T. Renz; Jeanine Blaner, Intern; Colin M. Stephens, Intern; School of Law, University of Montana, Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Pamela D. Bucy, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Karen S. Townsend, Deputy County Attorney, Missoula, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 This Court issued its original Opinion in this case on September 14, 2004. See State v. Snell, 2004 MT 258, 323 Mont. 84 (Snell I). Snell filed a Petition for Rehearing on September 24, 2004. The State filed its Objections to the Petition for Rehearing on September 30, 2004. Snell raised two issues in his Petition. First, he maintained this Court overlooked his affidavit wherein he made...

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