State v. Smith
Montana Supreme Court
JUSTICE GRAY delivered the Opinion of the Court. Ronald Smith appeals from the Findings of Fact, Conclusions of Law, Order and Judgment entered by the Eleventh Judicial District Court, Flathead County, imposing the death penalty. We reverse and remand for resentencing.
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JUSTICE GRAY delivered the Opinion of the Court. Ronald Smith appeals from the Findings of Fact, Conclusions of Law, Order and Judgment entered by the Eleventh Judicial District Court, Flathead County, imposing the death penalty. We reverse and remand for resentencing. We consider the following issues on appeal: 1. Did the District Court violate Smith’s Fifth Amendment, Sixth Amendment or due process rights by considering Stratford’s report and testimony? 2. Did the District Court violate Smith’s Fifth Amendment or Sixth Amendment rights by considering the 1983 presentence investigation…
1Concurring in part, dissenting in partJustice Trieweiler
specially concurring in part and dissenting in part.
I concur with the majority’s conclusions regarding Issues 1 through 3, and 5 through 9.
I also concur with the majority’s conclusion that based on defendant’s plea of guilty, from which no appeal was taken, the aggravating circumstance set forth at § 46-18-303(7), MCA, was correctly found to exist by the District Court.
However, I dissent from that part of the majority opinion which concludes that the aggravating circumstance set forth at § 46-18-303(5), MCA, was present in this case.
The death of defendant’s victims in this case did not result…
2Cited by24 opinions
- State v. KleypasSupreme Court of Kansas · 2001
- State v. RizzoSupreme Court of Connecticut · 2003
- Dawson v. StateMontana Supreme Court · 2000
- In re CarterSupreme Court of Vermont · 2004
- Hans v. StateMontana Supreme Court · 1997
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