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HAFFEY v. STATE

No. DA 09-0400.

233 P.3d 315 (2010)

2010 MT 97

356 Mont. 198

Stephen Patrick HAFFEY, 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: Stephen Patrick Haffey, (self-represented litigant); Shelby, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; C. Mark Fowler, Assistant Attorney General; Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Missoula, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Stephen Haffey appeals the order of the District Court for the Fourth Judicial District, Missoula County, denying his petition for postconviction DNA testing.

¶ 2 The sole issue on appeal is whether the District Court erred in dismissing Haffey's petition. We affirm, with a minor clarification, and remand.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 Haffey was convicted...

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