State v. Elliott

Defendant Mr. Elliott appeals his conviction of deliberate homicide in the District Court for Sweet Grass County, Montana. He was sentenced to a term of 100 years. We affirm.

The issues are:

1. Was Mr. Elliott’s right of due process violated at his sentencing hearing because matters not included in the presentence investigation report were considered?

2. Was Instruction No. 11 properly given?

3. Was Mr. Elliott denied effective assistance of counsel because his attorney: 1) failed to investigate and call witnesses, and 2) secured a waiver of speedy trial without informing Mr. Elliott of the…