If you are unable to see this message, click here to view it in a web browser.

Justia Daily Opinion Summaries

Montana Supreme Court
January 13, 2021

Table of Contents

State v. Keefe

Criminal Law

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

The Invisible Man and His Visible Victim

SHERRY F. COLB

verdict post

Cornell law professor Sherry F. Colb comments on a movie some have described as one of the best of 2020, The Invisible Man, and describes how the story in the movie offers possibilities for envisioning accountability for domestic violence and other crimes that often receive dismissive treatment under the heading of “he said/she said.” Professor Colb briefly describes the plot of the movie (including spoilers), and explains why the movie is so revelatory.

Read More

Montana Supreme Court Opinions

State v. Keefe

Citation: 2021 MT 8

Opinion Date: January 8, 2021

Judge: Gustafson

Areas of Law: Criminal Law

The Supreme Court affirmed in part and reversed in part the order of the district court resentencing Defendant to life without parole for three counts of deliberate homicide committed when he was a juvenile, holding that the district court erroneously concluded that Defendant was irreparably corrupt and permanently incorrigible. Defendant was convicted for three murders he committed when he was seventeen years old and was sentenced to three consecutive life terms without the possibility of parole. Defendant later filed a petition for postconviction relief asserting that his sentence was unconstitutional in light of the Supreme Court's decisions in Miller v. Alabama, 567 U.S. 460, and Montgomery v. Louisiana, 577 U.S. __ (2016). After a hearing, the district court resentenced Defendant to three consecutive life terms. The Supreme Court reversed in part and remanded the case for resentencing, holding that the district court (1) did not err when it appointed a neutral expert for the resentencing hearing; (2) did not err when it denied Defendant's request for a jury to determine whether he was irreparably corrupt and permanently incorrigible; and (3) erred when it refused to consider post-offense evidence of rehabilitation at the resentencing hearing.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states.

Justia also provides weekly practice area newsletters in 63 different practice areas.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043