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GOLDEN v. STATE

No. DA 13-0561.

326 P.3d 430 (2014)

2014 MT 141

Garry David GOLDEN, Petitioner, Appellant and Cross-Appellee, v. STATE of Montana, Respondent, Appellee and Cross-Appellant.

Supreme Court of Montana.

Decided June 3, 2014.

Attorney(s) appearing for the Case

For Appellant: David Rice , Clinical Professor of Law, Jacob Yerger , F. Peter Landsiedel , Clinical Interns, School of Law, University of Montana, Missoula, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Tammy A. Hinderman , Assistant Attorney General, Helena, Montana, Scott Twito , Yellowstone County Attorney, Rod Souza , Deputy County Attorney, Billings, Montana.

For Amicus Curiae: Colin M. Stephens , Montana Innocence Project, Smith, & Stephens, P.C., Missoula, Montana.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 In March 2005, Garry Golden was found guilty of felony sexual assault. He was sentenced to serve 20 years under the supervision of the Montana Department of Corrections with 15 years suspended. Golden appealed his conviction and in September 2007, we affirmed. In December 2008, he filed a petition for postconviction relief in the Thirteenth Judicial District Court, Yellowstone County, seeking DNA...

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