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DeSCHON v. STATE

No. DA 06-0610.

197 P.3d 476 (2008)

2008 MT 380

347 Mont. 30

Joseph Lester DeSCHON, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided November 18, 2008.

Attorney(s) appearing for the Case

For Appellant: Chad M. Wright, Hooks & Wright, P.C., Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Leo Gallagher, Lewis and Clark County Attorney; Michael Menahan, Deputy County Attorney, Helena, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Joseph DeSchon was convicted of deliberate homicide for stabbing his nephew James "Jimmy J" Azure. Lewis and Clark County public defenders Randi Hood and Jeremy Gersovitz represented DeSchon. After sentencing, DeSchon filed a petition for post-conviction relief on the grounds that his counsel were ineffective. After an evidentiary hearing the petition was denied by the District Court. DeSchon appeals...

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