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SANDERS v. STATE

No. 03-817.

103 P.3d 1053 (2004)

2004 MT 374

325 Mont. 59

Forrest M. SANDERS, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided December 27, 2004.

Attorney(s) appearing for the Case

For Appellant: Forrest M. Sanders (pro se), Billings, Montana.

For Respondent: Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Mark J. Murphy, Deputy County Attorney, Billings, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Forrest M. Sanders (Sanders), pro se, appeals from an order of the Thirteenth Judicial District Court, Yellowstone County, denying his petition for postconviction relief. We affirm.

¶ 2 We address the following issue on appeal:

¶ 3 Did the District Court correctly apply the procedural bar in § 46-21-105(2), MCA, and refuse to address Sanders' claim for relief on...

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