Legal Opinion · Dissent

Coleman v. State

Montana Supreme Court

Decided August 28, 1981No. 81-115Published

1DissentJustice Morrison

I respectfully dissent.

The first problem with this case is that the defendant’s conviction was based upon accomplice testimony which was not sufficiently corroborated by independent evidence. The trial court should have directed a verdict in defendant’s behalf at the time of trial. I will quote extensively from the transcript to show that the state’s case failed.

The second part of the dissent will deal with the imposition of the death penalty. That discussion concerns aggravating circumstances versus mitigating circumstances and the conditions under which the death penalty may be imposed.

The…

2Cases cited9 opinions

  1. State v. ColemanMontana Supreme Court · 1978
  2. Azure Ex Rel. Marchington v. City of BillingsMontana Supreme Court · 1979
  3. State v. KempMontana Supreme Court · 1979
  4. State v. KeckonenMontana Supreme Court · 1938
  5. State v. JonesMontana Supreme Court · 1933

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