Legal Opinion
Heath v. State
Montana Supreme Court
Decided January 13, 2009No. DA 08-0099PublishedCited by 38 opinions
1Opinion of the CourtJustice Morris
¶1 Barry Alonzo Heath (Heath) appeals an order of the Eighth Judicial District, Cascade County. The order partially denied Heath’s petition for post-conviction relief. We reverse and remand for an evidentiary hearing.
¶2 We review the following issue on appeal:
¶3 Did the District Court abuse its discretion when it denied Heath’s petition for post-conviction relief without granting him an evidentiary hearing?
FACTUAL AND PROCEDURAL BACKGROUND
¶4 The State charged Heath on February 27,2001, with one count of Sexual Intercourse Without Consent. The State amended its information on May 7, 2001, to…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Whitlow v. StateMontana Supreme Court · 2008
- Dawson v. StateMontana Supreme Court · 2000
- State v. HeathMontana Supreme Court · 2004
- Petition of GillhamMontana Supreme Court · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. BeachMontana Supreme Court · 2009
- State v. Danny SartainMontana Supreme Court · 2012
- Marble v. StateMontana Supreme Court · 2015
- Beach v. StateMontana Supreme Court · 2009
- State v. S. PelletierMontana Supreme Court · 2020
33 more not listed; retrieve them via the Exa API.