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State v. Leake

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eBook details

  • Title: State v. Leake
  • Author : Supreme Court of Montana
  • Release Date : January 23, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

On September 22, 2003, a jury found appellant Pierre Leake guilty of first-degree premeditated murder in connection with the stabbing death of Megan Fisher. The trial court then convicted Leake of first-degree murder and sentenced him to life without the possibility of release. On appeal, Leake argues that the evidence was insufficient to prove premeditation beyond a reasonable doubt and that his sentence is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 (2000),and Blakely v. Washington, __ U.S. __, 124 S.Ct. 2531 (2004). In his pro sesupplemental brief, Leake also argues that his conviction must be overturned because: (1) the verdicts of not guilty of second-degree intentional murder and guilty of first-degree premeditated murder are legally inconsistent; (2) the prosecutor committed misconduct in closing argument; and (3) the grand jury and trial testimony were inconsistent. We affirm.


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