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STATE v. BEACH

No. DA 11-0723.

302 P.3d 47 (2013)

2013 MT 130

370 Mont. 163

STATE of Montana, Plaintiff, and Appellant, v. Barry Allan BEACH, Defendant and Appellee.

Supreme Court of Montana.

Decided May 14, 2013.

Rehearing Denied June 20, 2013.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Fox , Montana Attorney General; Tammy K. Plubell , Assistant Attorney General; Helena, Montana.

For Appellee: Terrance Lee Toavs ; Law Offices of Terrance L. Toavs; Wolf Point, Montana, Peter K. Camiel ; Mair & Camiel, P.S.; Seattle, Washington.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The State of Montana appeals from the order of the Fifteenth Judicial District Court, Roosevelt County, granting Barry Allen Beach (Beach) a new trial in the matter of the homicide of Kim Nees (Nees). We reverse the District Court, and address this issue:

¶ 2 Did the District Court err by concluding that Beach was entitled to a new trial because he had demonstrated his actual innocence?...

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