Legal Opinion
State v. Leyba
Montana Supreme Court
Decided January 9, 1996No. 94-491PublishedCited by 17 opinions
1Opinion of the CourtJustice Erdmann
Defendant Antonio R. Leyba appeals from a jury verdict of the Second Judicial District Court, Silver Bow Comity, finding him guilty of deliberate homicide. We affirm.
The issues on appeal are as follows:
1. Was the defendant denied the effective assistance of counsel?
2. Did the District Court err in not instructing the jury sua sponte on the elements of mitigated deliberate homicide?
3. Was there sufficient evidence to support the jury verdict?
FACTS
On January 2, 1994, a Butte resident discovered that a group of teenagers had held an unauthorized drinking party in his home while he was away for…
2Cases cited22 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Beck v. AlabamaSupreme Court of the United States · 1980
- Spaziano v. FloridaSupreme Court of the United States · 1984
- Howard L. Bashor v. Henry Risley, Warden of Montana State Prison and Michael Greely, Attorney General for the State of MontanaCourt of Appeals for the Ninth Circuit · 1984
- State v. ArlingtonMontana Supreme Court · 1994
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Whitlow v. StateMontana Supreme Court · 2008
- State v. WhiteMontana Supreme Court · 2001
- State v. GonzalesMontana Supreme Court · 1996
- State v. GundersonMontana Supreme Court · 1997
- Demontiney v. Montana Twelfth Judicial District CourtMontana Supreme Court · 2002
12 more not listed; retrieve them via the Exa API.