Legal Opinion
State v. Smith
Montana Supreme Court
Decided December 13, 1996No. 95-477, 95-494PublishedCited by 52 opinions
1Opinion of the CourtChief Justice Turnage
Ronald Allen Smith appeals from the September 19, 1995 judgment of the Eleventh Judicial District Court, Flathead County, ordering that he be executed according to the laws of the State of Montana. His appeal is here consolidated with this Court’s automatic review of a death penalty case. We affirm.
The issues are:
*1631. Is the sentence imposed the result of vindictive prosecution by the State of Montana?
2. Is Montana’s death penalty statutory scheme unconstitutional in its allocation of the burdens of proof of aggravating and mitigating circumstances?
3. Are the court’s findings of the existence or…
2Cases cited37 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Eddings v. OklahomaSupreme Court of the United States · 1982
- Ake v. OklahomaSupreme Court of the United States · 1985
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Enmund v. FloridaSupreme Court of the United States · 1982
32 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- State v. BlandTennessee Supreme Court · 1997
- People v. FryeCalifornia Supreme Court · 1998
- Clarence Ray Allen v. Steven W. Ornoski, Warden, of the California State Prison at San Quentin Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2006
- State v. GodseyTennessee Supreme Court · 2001
- State v. MannTennessee Supreme Court · 1998
47 more not listed; retrieve them via the Exa API.