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STATE v. BIEBER

No. DA 06-0156.

170 P.3d 444 (2007)

2007 MT 262

339 Mont. 309

STATE of Montana, Plaintiff and Appellee, v. Sabine Halvorson BIEBER, Defendant and Appellant.

Supreme Court of Montana.

Decided October 19, 2007.

Rehearing Denied November 7, 2007.

Attorney(s) appearing for the Case

For Appellant: Robert L. Stephens, Jr., Southside Law Center, Billings, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Kathy Seeley, Assistant Attorney General, Carlo Canty, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney, Billings, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 In January 2003, one-year old Dane Heggem (Dane) died while in the care of the Tiny Tots Daycare located in Laurel, Montana (Tiny Tots), and co-owned by Sabine Bieber (Bieber) and Denise Smith (Smith). Postmortem testing revealed that Dane had an elevated level of diphenhydramine (DPH) in his system. DPH is an active ingredient in cold and allergy medications such as Benadryl® and has strong...

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