Legal Opinion
State v. Byers
Montana Supreme Court
Decided October 6, 1993No. 91-406PublishedCited by 32 opinions
1Opinion of the CourtJustice Weber
This is an appeal from the final judgment of the District Court of the Eighteenth Judicial District, Gallatin County, entered May 1991. Brett Byers was tried and convicted by a Butte-Silver Bow jury of two counts of deliberate homicide. We affirm the District Court on all issues.
We consider the following issues on appeal:
1. Does Montana’s mental disease or defect statute unconstitutionally shift the burden of proof on the issue of mental state from the prosecution to the defense?
2. Does Title 46, Chapter 14 of the MCA violate the Fifth and Fourteenth Amendment right to due process of law and…
2Cases cited33 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Patterson v. New YorkSupreme Court of the United States · 1977
- Leland v. OregonSupreme Court of the United States · 1952
- State v. MattMontana Supreme Court · 1991
- Scott A. Walker v. Roger Endell, Director, of the Alaska Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1988
28 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. EgelhoffMontana Supreme Court · 1995
- State v. HerreraUtah Supreme Court · 1995
- State v. BuckMontana Supreme Court · 2006
- Richard Despears v. Milwaukee County, Milwaukee County Personnel Review Board, and Milwaukee County Medical ComplexCourt of Appeals for the Seventh Circuit · 1995
- State v. CollierMontana Supreme Court · 1996
27 more not listed; retrieve them via the Exa API.