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STATE v. FITZPATRICK

No. 84-154.

684 P.2d 1112 (1984)

The STATE of Montana, Plaintiff and Respondent, v. Bernard James FITZPATRICK, Defendant and Appellant.

Supreme Court of Montana.

Decided July 25, 1984.

Attorney(s) appearing for the Case

Stephens & Cole, Robert L. Stephens, Jr. (argued), Billings, Timothy K. Ford, Seattle, Wash., for defendant and appellant.

Mike Greely, Atty. Gen., Helena, John H. Maynard (argued), Asst. Atty. Gen., Helena, Lance Pedersen, County Atty., Hardin, for plaintiff and respondent.

MORRISON, Justice.

Petitioner, Bernard J. Fitzpatrick was convicted in 1978 of deliberate homicide, robbery and aggravated kidnapping. After exhausting his state appellate and post-conviction remedies, petitioner was remanded to District Court for sentencing. (A detailed account of Fitzpatrick's court proceedings may be found at Fitzpatrick v. State (Mont. 1983), 671 P.2d 1, 40 St.Rep. 1598.) On December 8, 1983, petitioner...

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