Legal Opinion
State v. Barry Allan Beach
Montana Supreme Court
Decided May 14, 2013No. DA 11-0723PublishedCited by 22 opinions
1Opinion of the CourtJustice Rice
*165¶1 The State of Montana appeals from the order of the Fifteenth Judicial District Court, Roosevelt County, granting Barry Allen Beach (Beach) a new trial in the matter of the homicide of Kim Nees (Nees). We reverse the District Court, and address this issue:
¶2 Did the District Court err by concluding that Beach was entitled to a new trial because he had demonstrated his actual innocence?
PROCEDURAL BACKGROUND
¶3 In the early morning hours of June 16,1979, police officers of the Fort Peck Tribe discovered Nees’s body floating in the Poplar River. She had been bludgeoned to death. On January 7,…
2Cases cited15 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Schlup v. DeloSupreme Court of the United States · 1995
- Herrera v. CollinsSupreme Court of the United States · 1993
- House v. BellSupreme Court of the United States · 2006
- John Doe v. Frederick Menefee, Warden, Warden of the Otisville Federal Correctional Institution the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2004
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2014
- Marble v. StateMontana Supreme Court · 2015
- Engesser v. YoungSouth Dakota Supreme Court · 2014
- Wilkes Jr. v. StateMontana Supreme Court · 2015
- Beach v. StateMontana Supreme Court · 2015
17 more not listed; retrieve them via the Exa API.