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BYERS v. MAHONEY

No. 96-258.

929 P.2d 202 (1996)

Brett D. BYERS, Petitioner, v. Mike MAHONEY, Warden, Montana State Prison, Respondent.

Supreme Court of Montana.

July 16, 1996.

Attorney(s) appearing for the Case

Wendy Holton, Helena, for petitioner.

Joseph P. Mazuric, Atty. Gen., Mike Salvagni, Gallatin County Atty., Bozeman, for respondent.

OPINION AND ORDER

Brett D. Byers has filed a petition for post-conviction relief pursuant to § 46-21-105, MCA, asking this Court to vacate his conviction on two counts of deliberate homicide as entered by the Eighteenth Judicial District Court, Gallatin County. This petition is based on the allegation that this Court has reversed its position on the constitutionality of two sets of jury instructions regarding the mental element of the offense of deliberate...

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