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BECKER v. STATE

No. DA 09-0306.

232 P.3d 376 (2010)

2010 MT 93

356 Mont. 161

Justin Dale BECKER, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided May 4, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender, Jim Wheelis, Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock, Montana Attorney General, John Paulson, Assistant Attorney General, Helena, Montana, John Parker, Cascade County Attorney, Great Falls, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Justin Dale Becker appeals from the denial of his petition for postconviction relief by the Eighth Judicial District Court, Cascade County. We affirm.

¶ 2 We address the following issue:

¶ 3 Did Becker's appellate counsel render ineffective assistance by failing to argue on direct appeal that Becker's constitutional trial right was violated by his absence from a critical stage...

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