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PATRICK v. STATE

No. DA 11-0052.

257 P.3d 365 (2011)

2011 MT 169

James PATRICK, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided July 19, 2011.

Attorney(s) appearing for the Case

For Appellant: James Patrick , (self-represented litigant); Shelby, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Tammy K Plubell , Assistant Attorney General, Helena, Montana, Scott Twito , Yellowstone County Attorney, Rod Souza , Deputy County Attorney, Billings, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 James Patrick appeals from an interlocutory order of the District Court, Thirteenth Judicial District, Yellowstone County, substituting the second District Court judge after the first recused herself from Patrick's postconviction proceedings. We affirm in part and reverse in part.

ISSUES

¶ 2 We restate Patrick's issues on appeal:

¶ 3 1. Whether the District...

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