By Associated Press - Wednesday, June 17, 2015

BOZEMAN, Mont. (AP) - A woman convicted in 2013 of breaking into her former tenant’s home and shooting him won’t be able to give a mental health defense to a jury in an appeal denied by the Montana Supreme Court.

The Bozeman Daily Chronicle reports (https://bit.ly/1CdSLW7) defense attorney Chuck Watson argued the judge made a mistake by not including a mental disease or defect option on the verdict form given to jurors.

The jury convicted 60-year-old Diana Arnold after an eight-day trial in 2013 and is serving a 100-year sentence for breaking into Henry “Dave” McDunn’s home and shooting him when he arrived.

The Montana Supreme Court on Tuesday denied the appeal. Justice Laurie McKinnon said jurors were fairly instructed about the law and what constitutes a mental disease.

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Information from: Bozeman Daily Chronicle, https://www.bozemandailychronicle.com

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