State V. Smith (1985)
Nos. 95-477 and 95-494 IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 STATE OF MONTANA, Plaintiff and Respondent, --v. RONALD ALLEN SMITH, Defendant and Appellant. APPEAL FROM: District Court of the Eleventh Judicial District, In and for the County of Flathead, The Honorable John W. Larson, Judge presiding. COUNSEL OF RECORD: For Appellant: Gregory A. Jackson, Jackson & Rice, Helena, Montana Donald Vernay, Big Fork, Montana For Respondent: Hon. Joseph P. Mazurek, Attorney General; Elizabeth Griffing, Assistant Attorney General, Helena, Montana Thomas Esch, County Attorney, Kalispell, Montana Heard: October 29, 1996 Submitted: November 7, 1996 Decided: December 1,13, 1996 Filed: ,,..I_ Chief Justice J. A. Turnage delivered the Opinion of the Court. Ronald Allen Smith appeals from the September 19, 1995 judgment of the Eleventh Judicial District Court, Flathead County, ordering that he be executed according to the laws of the State of Montana. His appeal is here consolidated with this Court's automatic review of a death penalty case. We affirm. The issues are: 1. Is the sentence imposed the result of vindictive prosecu- tion by the State of Montana? 2. Is Montana's death penalty statutory scheme unconstitu- tional in its allocation of the burdens of proof of aggravating and mitigating circumstances? 3. Are the court's findings of the existence or nonexistence of aggravating and mitigating circumstances supported by the evidence? 4. Did the court erroneously rely upon the reports and testimony of Dr. Stratford in reaching its decision, and, if it did so rely, did such reliance violate Smith's right against self- incrimination, right to counsel, and right to due process? 5.
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