Justice JIM RICE delivered the Opinion of the Court.
¶ 1 On the night of May 29, 2003, a sheriff's deputy pursued Laurence Dean Jackson, Jr., on foot through a dark field near Harlem, Montana. A second deputy joined the pursuit and, after a struggle with Jackson, one deputy was left dead and the other wounded from gunshots. The State charged Jackson with deliberate homicide and attempted deliberate homicide of the deputies, and sought the death penalty for the...
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