Legal Opinion

State v. Kearney

Montana Supreme Court

Decided July 5, 2005No. 04-107PublishedCited by 20 opinions

1Opinion of the CourtJustice Rice

¶1 Lennea Precious Kearney (Kearney) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, sentencing her to five years imprisonment upon her conviction by jury of assault with a weapon upon Sandra Stuart (Stuart). We affirm.

¶2 The following issues are dispositive on appeal:

¶3 Did the District Court abuse its discretion by admitting photographs of Stuart’s stab wounds?

¶4 Did Kearney’s trial counsel render ineffective assistance by calling Dr. Bentzel as a witness?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 Kearney and Stuart met in Pennsylvania, became…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Dawson v. StateMontana Supreme Court · 2000
  3. State v. HagenMontana Supreme Court · 2002
  4. State v. FlowersMontana Supreme Court · 2004
  5. State v. LuceroMontana Supreme Court · 2004

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

3Cited by20 opinions

  1. State v. EnglishMontana Supreme Court · 2006
  2. Herman v. StateMontana Supreme Court · 2006
  3. State v. JohnsonMontana Supreme Court · 2005
  4. Barrett v. StateMontana Supreme Court · 2024
  5. State v. GallagherMontana Supreme Court · 2005

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

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