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CROSBY v. STATE

No. 04-867.

139 P.3d 832 (2006)

2006 MT 155

332 Mont. 460

Daniel B. CROSBY, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided July 11, 2006.

Attorney(s) appearing for the Case

William Boggs, Missoula, for Appellant.

Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Fred Van Valkenburg, Missoula County Attorney; Karen Townsend, Deputy County Attorney, Missoula, for Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Daniel B. Crosby (Crosby) appeals from the denial of his petition for postconviction relief following his conviction in 1996 for sexual intercourse without consent. Crosby premised his petition in part on the fact that the victim, Crosby's daughter, recanted her testimony nine years later. We reverse and remand.

¶ 2 We rephrase and address the following issues on appeal...

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