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STATE v. HARRIS

No. 00-092.

36 P.3d 372 (2001)

2001 MT 231

STATE of Montana, Plaintiff and Respondent, v. Wayland Paul HARRIS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 20, 2001.

Attorney(s) appearing for the Case

Wayland Paul Harris, Deer Lodge, MT, (pro se), for Appellant.

Joseph P. Mazurek, Montana Attorney General, John Paulson, Assistant Montana Attorney General, Helena, Montana; Bernie Cassidy, Lincoln County Attorney, Robert Slomski, Deputy Lincoln County Attorney, Libby, MT, for Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Wayland Paul Harris appeals the denial of his petition for post-conviction relief in the Nineteenth Judicial District Court, Lincoln County. We affirm the District Court's dismissal of Harris' due process claim, and remand for an evidentiary hearing on Harris' assertion of ineffective assistance of counsel.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In June 1997, Harris was charged...

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