Legal Opinion
State v. McKenzie
Montana Supreme Court
Decided April 20, 1995No. 95-161PublishedCited by 4 opinions
1Opinion of the CourtJustice Nelson
Duncan Peder McKenzie, appeals from an order of the Eighth Judicial District Court, Cascade County, denying his request to consider his objections to the resetting of his execution date and issuing a death warrant. This Court granted the State’s motion to dismiss McKenzie’s appeal, in an order dated April 11, 1995. Pursuant to the April 11, 1995 order, this opinion follows.
The issues before this Court are:
1. Whether McKenzie has a right to appeal the District Court’s resetting of the execution date?
*342. Whether the District Court has jurisdiction to set an execution date after an earlier…
2Cases cited12 opinions
- State v. ColemanMontana Supreme Court · 1979
- State v. McKenzieMontana Supreme Court · 1980
- Duncan Peder McKenzie Jr. v. Henry RisleyCourt of Appeals for the Ninth Circuit · 1988
- State v. McKenzieMontana Supreme Court · 1976
- Duncan Peder McKenzie Jr. v. Jack McCormick Warden, Montana State PrisonCourt of Appeals for the Ninth Circuit · 1994
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3Cited by4 opinions
- Duncan Peder McKenzie Jr. v. Rick Day, Director, Department of Corrections and Human ServicesCourt of Appeals for the Ninth Circuit · 1995
- Duncan Peder McKenzie Jr. v. Rick Day, Director, Department of Corrections and Human ServicesCourt of Appeals for the Ninth Circuit · 1995
- Duncan Peder McKenzie Jr. v. Rick Day, Director, Department of Corrections and Human ServicesCourt of Appeals for the Ninth Circuit · 1995
- State v. McKenzieMontana Supreme Court · 1995