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STATE v. WHITLOW

No. 00-117.

33 P.3d 877 (2001)

2001 MT 208

STATE of Montana, Respondent/Respondent, v. Kenneth Leroy WHITLOW, Petitioner/Appellant.

Supreme Court of Montana.

Decided October 18, 2001.

Attorney(s) appearing for the Case

Jeffrey T. Renz, Brittany Wood, University of Montana, Missoula, MT, for appellant.

Joseph P. Mazurek, Attorney General; Michael S. Wellenstein, Assistant Attorney General, Helena, MT, George H. Corn, Ravalli County Attorney, Hamilton, MT, for respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Kenneth Leroy Whitlow appeals from the Opinion and Order issued by the Twenty First Judicial District Court, Ravalli County, dismissing his petition for postconviction relief. We reverse and remand.

¶ 2 Whitlow raises the following issues on appeal:

¶ 3 1. Did the District Court err when it determined that Whitlow's petition was not filed within the applicable statute of limitations...

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