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State v. Smith

Citations

  • 931 P.2d 1272
  • 280 Mont. 158
  • 53 State Rptr. 1345
  • 1996 Mont. LEXIS 259

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court did not err in refusing to consider defendant’s offered proportionality evidence, because this type of evidence “does not relate to the specific defendant and the specific crime(s
  • holding shareholder liable for his corporation’s contractual obligations using an alter ego theory of liability
  • “If an Eighth Amendment chállenge based on delay were to prevail, then the procedures designed to promote fair adjudication in death penalty cases would in themselves be used to ultimately defeat their own purpose.”
  • “A further rationale for limiting proportionality review of other cases to cases in which the death penalty was proposed is that only when the death penalty is sought will a record exist concerning aggravating and mitigating circumstances.”
  • \A further rationale for limiting proportionality review of other cases to cases in which the death penalty was proposed is that only when the death penalty is sought will a record exist concerning aggravating and mitigating circumstances.\
  • 13 years; sentence overturned once

Source: CourtListener parenthetical corpus (CC0).

Judges: Turnage, Trieweiler, Leaphart, Gray, Nelson, Erdmann, Hunt

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.