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HENDRICKS v. STATE

No. 05-108.

128 P.3d 1017 (2006)

2006 MT 22

331 Mont. 47

John Tice HENDRICKS, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided January 31, 2006.

Attorney(s) appearing for the Case

For Appellant: Kristina Neal, Assistant Appellate Defender, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Bernard G. Cassidy, County Attorney, Libby, Montana.

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

¶ 1 On November 6, 2001, the State charged John Tice Hendricks with attempted deliberate homicide and aggravated assault. The District Court appointed Scott Spencer—who, in 1993, prosecuted Hendricks on a different charge while serving as Lincoln County Attorney—to serve as Hendricks's counsel. Hendricks pled not guilty; a jury subsequently found him guilty of aggravated assault. On...

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