Legal Opinion

State v. Smith

Montana Supreme Court

Decided November 9, 1993No. 92-149 and 92-133Published

JUSTICE GRAY delivered the Opinion of the Court. Ronald Smith appeals from the Findings of Fact, Conclusions of Law, Order and Judgment entered by the Eleventh Judicial District Court, Flathead County, imposing the death penalty. We reverse and remand for resentencing.

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JUSTICE GRAY delivered the Opinion of the Court. Ronald Smith appeals from the Findings of Fact, Conclusions of Law, Order and Judgment entered by the Eleventh Judicial District Court, Flathead County, imposing the death penalty. We reverse and remand for resentencing. We consider the following issues on appeal: 1. Did the District Court violate Smith’s Fifth Amendment, Sixth Amendment or due process rights by considering Stratford’s report and testimony? 2. Did the District Court violate Smith’s Fifth Amendment or Sixth Amendment rights by considering the 1983 presentence investigation…

1Opinion of the Court

No. 92-149 and 92-133 IN THE SUPREME COURT OF THE STATE OF MONTANA 1993 STATE OF MONTANA, Plaintiff and Respondent, -vs- RONALD ALLEN SMITH, Defendant and Appellant. APPEAL FROM: District Court of the Eleventh Judicial District, In and for the County of Flathead, The Honorable Douglas G. Harkin, Judge presiding. COUNSEL OF RECORD: For Appellant: William F. Hooks (argued), Appellate Defender Office, Helena, Montana For Respondent: Hon. Joseph P. Mazurek, Attorney General, Elizabeth L. Griffing (argued), Ass 't Attorney General, Helena, Montana Thomas J. Esch, Flathead County Attorney,…

2Cases cited32 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Lockett v. OhioSupreme Court of the United States · 1978
  4. Eddings v. OklahomaSupreme Court of the United States · 1982
  5. Ake v. OklahomaSupreme Court of the United States · 1985

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