COLEMAN v. RISLEY

No. 82-198.

663 P.2d 1154 (1983)

Dewey E. COLEMAN, Petitioner, v. Henry RISLEY, as Warden of Montana STATE Prison et al., Respondents.

Supreme Court of Montana.

Decided March 25, 1983.

Rehearing Denied May 4, 1983.


Attorney(s) appearing for the Case

Moses Law Firm, Charles F. Moses argued, Billings, for petitioner.

Mike Greely, Atty. Gen., argued, Helena, John Maynard, Asst. Atty. Gen., argued, Helena, John S. Forsythe, County Atty., argued, Forsyth, for respondents.


WEBER, Justice.

Petitioner Dewey Coleman brings a petition for a Writ of Habeas Corpus as an original proceeding, asking this Court to vacate his death sentence and remand his cause for resentencing as to the aggravated kidnapping conviction by a district court judge other than the judge who has twice sentenced him to death.

The petition is denied.

The sole issue before this Court is whether, because the sentencing judge possessed information unavailable...

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