Legal Opinion
State v. Beach
Montana Supreme Court
Decided November 24, 2009No. DA 08-0244PublishedCited by 31 opinions
1Opinion of the CourtJustice Morris
¶1 Barry Allan Beach (Beach) appeals from an order of the Fifteenth Judicial District Court, Roosevelt County, that denied his petition for post-conviction relief. We remand to the District Court to hold an evidentiary hearing to assess Beach’s alleged newly discovered evidence.
¶2 Beach’s appeal requires us to resolve the following issues:
¶3 Whether the District Court properly ruled that Beach’s petition for post-conviction relief was procedurally barred.
¶4 Whether the District Court properly ruled that Beach’s petition for post-conviction relief was time barred.
¶5 Whether the District Court…
2Cases cited18 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Herrera v. CollinsSupreme Court of the United States · 1993
- Sawyer v. WhitleySupreme Court of the United States · 1992
- State v. RedcrowMontana Supreme Court · 1999
- State v. WrightMontana Supreme Court · 2001
13 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. District Court of the Eighteenth Judicial District of MontanaMontana Supreme Court · 2010
- Gould v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
- State v. Danny SartainMontana Supreme Court · 2012
- Marble v. StateMontana Supreme Court · 2015
- State v. Barry Allan BeachMontana Supreme Court · 2013
26 more not listed; retrieve them via the Exa API.