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KILLS ON TOP v. STATE

No. 94-131.

901 P.2d 1368 (1995)

Lester KILLS ON TOP, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided July 17, 1995.

Rehearing Denied September 28, 1995.

Attorney(s) appearing for the Case

Richard J. Carstensen, Billings; Stephanie Ross (argued), Point Roberts, WA, for appellant.

Joseph P. Mazurek, Atty. Gen., Clay R. Smith (argued), Sol., Helena, for respondent.

LEAPHART, Justice.

Lester Kills On Top (Appellant) appeals from an order of the Sixteenth Judicial District Court, Custer County, denying his petition for postconviction relief and writ of habeas corpus. We affirm in part, reverse in part, and remand for resentencing.

We restate the issues Appellant raises as follows:

1. Must Appellant's convictions or sentences be reversed because the State failed to disclose certain materials under the commands of...

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