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STATE v. BROMGARD

No. 96-553.

948 P.2d 182 (1997)

STATE of Montana, Plaintiff and Respondent, v. Jimmy Ray BROMGARD, Defendant and Appellant.

Supreme Court of Montana.

Decided October 21, 1997.

Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender Office, Helena, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena; Dennis Paxinos, Yellowstone County Attorney, Josh Van De Wetering, Deputy Yellowstone County Attorney, Billings, for Plaintiff and Respondent.

NELSON, Justice.

Jimmy Ray Bromgard (Bromgard), appeals an order of the District Court for the Thirteenth Judicial District, Yellowstone County, denying his second petition for post-conviction relief. We affirm.

We address the following issues on appeal:

1. Did the District Court err in determining that Bromgard could have raised his claim of jury misconduct in his original petition for post-conviction relief...

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