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eBook details

• Title: State v. Rhodes
• Author : Supreme Court of Montana
• Release Date : January 07, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This case comes before us on appeal from appellant Thomas Rhodes conviction for the first- and second-degree murder of his wife and the post-conviction courts subsequent denial of post-conviction relief. Appellant argues that he received ineffective assistance of counsel at trial, that the district court erroneously admitted certain prejudicial evidence, and that the district court improperly denied appellants request for a new trial based on newly discovered evidence. Appellant further contends that the evidence was insufficient to support his conviction and that the post-conviction court improperly denied his request for an evidentiary hearing and a new trial based on his ineffective assistance of counsel claim. We conclude that the district court did not err in admitting the disputed evidence, but remand for an evidentiary hearing on two of appellants three post-conviction ineffective assistance of counsel claims. Because we deem the record incomplete at this time, we decline to decide the other issues appellant has raised.

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