Legal Opinion

McGarvey v. State

Montana Supreme Court

Decided July 15, 2014No. 13-0062PublishedCited by 25 opinions

1Opinion of the CourtJustice Wheat

¶1 Troy McGarvey (McGarvey) appeals the District Court’s denial of his petition for postconviction relief (PCR).

¶2 The following issues are presented for review:

¶3 Did the District Court err in concluding that the State had not failed to disclose relevant exculpatory and impeachment evidence?

¶4 Did the District Court err in concluding that McGarvey had not received ineffective assistance of counsel?

¶5 Is McGarvey entitled to a new trial under the cumulative error doctrine?

¶6 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶7 The State charged McGarvey with two counts of Deliberate Homicide for the…

2Cases cited27 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. Strickler v. GreeneSupreme Court of the United States · 1999
  5. Whitlow v. StateMontana Supreme Court · 2008

22 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State v. WeisbarthMontana Supreme Court · 2016
  2. State v. W. CunninghamMontana Supreme Court · 2018
  3. Estate of Frazier v. MillerMontana Supreme Court · 2021
  4. State v. S. LehrkampMontana Supreme Court · 2017
  5. State v. Brian JohnstonMontana Supreme Court · 2014

20 more not listed; retrieve them via the Exa API.

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