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WOEPPEL v. CITY OF BILLINGS

No. 05-329.

146 P.3d 789 (2006)

2006 MT 283

Kevin WOEPPEL, Petitioner and Appellant, v. CITY OF BILLINGS, Respondent and Respondent.

Supreme Court of Montana.

Decided November 1, 2006.

Attorney(s) appearing for the Case

For Appellant: Jack E. Sands, Attorney at Law, Billings, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Jennifer M. Anders, Assistant Attorney General, Helena, Montana, Stacy R. Tenney, Deputy City Attorney, Billings, Montana.

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

¶ 1 Kevin Woeppel appeals from an order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion for postconviction relief. We reverse and remand.

¶ 2 The sole issue on appeal is whether the District Court erred when it denied Woeppel's petition for postconviction relief.

BACKGROUND

¶ 3 Woeppel was charged in the City of Billings Municipal...

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