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DAVIS v. STATE

No. DA 06-0389.

187 P.3d 654 (2008)

2008 MT 226

344 Mont. 300

George H. DAVIS, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided June 24, 2008.

Attorney(s) appearing for the Case

For Appellant: William Boggs, Attorney at Law, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana, George Corn, Ravalli County Attorney, Hamilton, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 George H. Davis (Davis) appeals from the order of the Twenty-First Judicial District Court, Ravalli County, denying his motion to toll on equitable grounds the one-year time bar on post-conviction relief. We reverse and remand with instructions.

¶ 2 We review the following issue on appeal:

¶ 3 Did the District Court correctly deny...

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