Legal Opinion
Fitzpatrick v. State
Montana Supreme Court
Decided September 2, 1981No. 81-74PublishedCited by 45 opinions
1Opinion of the CourtChief Justice Haswell
State of Montana appeals from the Big Horn County District Court’s denial of the State’s motion to dismiss a petition for post-conviction relief. Petitioner cross-appeals from the District Court’s denial of his request for an evidentiary hearing on his post-conviction petition.
Bernard Fitzpatrick (petitioner) was convicted of deliberate homicide, aggravated kidnapping, robbery, and sentenced to death in 1975. This Court reversed and remanded for a new trial. State v. Fitzpatrick (1977), 174 Mont. 174, 569 P.2d 383. After a second trial, petitioner was convicted of the same offenses and again…
2Cases cited43 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Lockett v. OhioSupreme Court of the United States · 1978
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
38 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State v. BrownSupreme Court of New Jersey · 1994
- Cochran v. StateCourt of Criminal Appeals of Alabama · 1984
- State v. WhiteMontana Supreme Court · 2001
- Albert Ray Beam v. David Paskett, Warden, Idaho State Prison-BoiseCourt of Appeals for the Ninth Circuit · 1993
- Hagen v. StateMontana Supreme Court · 1999
40 more not listed; retrieve them via the Exa API.