Gollehon v. Mahoney, No. 09-99011 - U.S. Ninth Circuit
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Gollehon v. Mahoney, No. 09-99011

Capital Habeas Matter

In Gollehon v. Mahoney, No. 09-99011, a capital habeas matter, the court affirmed the denial of petitioner's petition where 1) Montana's accountability statutes, together with the deliberate homicide statute, made it "reasonably clear at the relevant time" that petitioner's conduct would subject him to the death penalty; and 2) prior decisions also gave petitioner reasonable warning that aiding and abetting a deliberate homicide would subject him to the death penalty.


As the court wrote:  "We are called upon to decide whether a state court defendant lacked fair notice as a matter of federal Constitutional law that aiding and abetting a deliberate homicide would subject him to the death penalty in Montana."

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