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STATE v. McGARVEY

No. 04-190.

124 P.3d 1131 (2005)

2005 MT 308

329 Mont. 439

STATE of Montana, Plaintiff and Respondent, v. Troy McGARVEY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 6, 2005.

Attorney(s) appearing for the Case

Wendy Holton, Attorney at Law, Helena, Montana, Herman A. Watson, Attorney at Law, Bozeman, Montana, for Appellant.

Honorable Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Ed Corrigan, County Attorney; Lori Adams, Deputy County Attorney, Kalispell, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 On November 14, 2003, a jury convicted Appellant Troy McGarvey on two counts of deliberate homicide, based in significant part on an extrajudicial confession recounted by two trial witnesses. The court sentenced McGarvey to 100 years on each homicide count, with a consecutive additional ten years on each count for the use of a weapon. McGarvey maintained his innocence throughout all phases of...

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