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HEATH v. STATE

No. DA 08-0099.

202 P.3d 118 (2009)

2009 MT 7

348 Mont. 361

Barry Alonzo HEATH, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided January 13, 2009.

Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens, Attorney at Law, Missoula, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Deborah F. Butler, Assistant Attorney General, Helena, Montana, Brant Light, Cascade County Attorney, Great Falls, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Barry Alonzo Heath (Heath) appeals an order of the Eighth Judicial District, Cascade County. The order partially denied Heath's petition for post-conviction relief. We reverse and remand for an evidentiary hearing.

¶ 2 We review the following issue on appeal:

¶ 3 Did the District Court abuse its discretion when it denied Heath's petition for post-conviction relief without...

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