(DOWNLOAD) "State v. Frank" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Frank
- Author : Supreme Court of Montana
- Release Date : January 17, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is a direct appeal from a conviction of first degree murder and a sentence of death. La. Const. art. V, § 5(D). The defendants appeal is based on a total of thirty-two assignments of error. However, the principal issues involve (1) the denial of the defendants pre-trial motion to be declared indigent for the purposes of obtaining state-funded experts; and (2) the denial of the defendants motion for change of venue. We find that none of the defendants arguments concerning the guilt phase of her trial constitute reversible error; therefore, the defendants conviction is affirmed. However, we find that the trial court erred by failing to declare the defendant indigent for the purpose of allowing her the opportunity to show entitlement to state-funded psychiatric and mitigation expert assistance for the sentencing phase of her trial. The defendants case is, therefore, remanded to the trial court in order for it to hold an evidentiary hearing as to whether the defendant was entitled to state-funded expert assistance for the penalty phase of her trial. If, after a hearing on the matter, the court determines she was so entitled, it is to vacate the defendants sentence and order a new penalty phase at which the defendant will have the benefit of that expert assistance. If the trial court finds that the defendant cannot make the proper showing of need for obtaining state funds, the defendant may appeal that decision to this court along with the other assignments of error regarding the penalty phase of her trial, the merits of which we do not reach at this time.