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 | | 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 |
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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. | |
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