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BEACH v. STATE

No. DA 08-0244.

220 P.3d 667 (2009)

2009 MT 398

353 Mont. 411

Barry Allen BEACH, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided November 24, 2009.

Attorney(s) appearing for the Case

For Appellant: Terrance L. Toavs, Attorney at Law, Wolf Point, Montana, Peter K. Camiel, Mair & Camiel, Seattle, Washington.

For Appellee: Hon. Steve Bullock, Montana Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Ryan Rusche, Roosevelt County Attorney, Wolf Point, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Barry Allan Beach (Beach) appeals from an order of the Fifteenth Judicial District Court, Roosevelt County, that denied his petition for post-conviction relief. We remand to the District Court to hold an evidentiary hearing to assess Beach's alleged newly discovered evidence.

¶ 2 Beach's appeal requires us to resolve the following issues:

¶ 3 Whether the District Court properly...

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