Legal Opinion
State v. Van Dyken
Montana Supreme Court
Decided May 3, 1990No. 88-038PublishedCited by 53 opinions
1Opinion of the CourtJustice Harrison
Fred Van Dyken appeals the Jury decision convicting him of deliberate homicide in the death of Officer Allen Kimery. At the first trial held September 9 through 21, 1985 in Park County, Montana, the jury was unable to reach a verdict after several hours of deliberation. Judge Thomas A. Olson declared a mistrial. A second trial, held June 8 through 26, 1987 in Lewis and Clark County, resulted in a conviction for deliberate homicide. We affirm the lower court’s decision.
Several issues are presented for review:
1. . Is defendant’s conviction upon retrial barred by former jeopardy?
2. Did the…
2Cases cited34 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Williams v. FloridaSupreme Court of the United States · 1970
- United States v. DiFrancescoSupreme Court of the United States · 1980
- United States v. DinitzSupreme Court of the United States · 1976
29 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Green v. StateNevada Supreme Court · 2003
- State v. ZimmermanIdaho Supreme Court · 1992
- State v. JonesNebraska Supreme Court · 1994
- State v. SawyerSupreme Court of Connecticut · 1993
- State v. LabanowskiWashington Supreme Court · 1991
48 more not listed; retrieve them via the Exa API.