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HAMILTON v. STATE

No. DA 09-0157.

226 P.3d 588 (2010)

2010 MT 25

355 Mont. 133

Darryl HAMILTON, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided February 9, 2010.

Attorney(s) appearing for the Case

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

For Appellee: Hon. Steve Bullock, Montana Attorney General; C. Mark Fowler, Assistant Attorney General; Helena, Montana, John Parker, Cascade County Attorney, Great Falls, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Darryl Hamilton (Hamilton) appeals from an order of the Eighth Judicial District Court, Cascade County, denying Hamilton's petition for post-conviction relief. We affirm.

¶ 2 We review the following issue on appeal:

¶ 3 Did the District Court abuse its discretion when it denied Hamilton's petition for post-conviction relief without granting him an evidentiary hearing...

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