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HOPE v. STATE

No. 02-458.

74 P.3d 1039 (2003)

2003 MT 191

Merritt L. HOPE, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellant.

Supreme Court of Montana.

Decided August 4, 2003.

Attorney(s) appearing for the Case

Chad Wright, Appellate Defender, Helena, Montana, for Appellant.

Honorable Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Kevin R. Peterson, Deputy County Attorney, Billings, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Merritt Hope appeals from the judgment of the Thirteenth Judicial District Court, Yellowstone County, denying his petition for postconviction relief. We reverse and remand for a new trial.

¶ 2 The following issues are raised on appeal:

¶ 3 (1) Whether the District Court erred when it concluded that the State did not obtain certain evidence as a result of a delay in Hope...

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