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HAWKINS v. MAHONEY

No. 98-168.

979 P.2d 697 (1999)

1999 MT 82

Sherman Paul HAWKINS, Petitioner, v. Mike MAHONEY, Warden, Montana State Prison, and State of Montana, Respondents.

Supreme Court of Montana.

Rehearing Denied June 3, 1999.

OPINION AND ORDER

¶ 1 Sherman Paul Hawkins (Hawkins) has filed with this Court a petition for postconviction relief alleging ineffective assistance of his trial counsel. The State of Montana has responded contending that Hawkins' petition should be summarily dismissed by this Court as either time barred or as a successive petition.

Background

¶ 2 Hawkins was convicted in 1973 of first-degree murder in the shooting death of his wife and...

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