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MARBLE v. STATE

No. DA 13-0763.

355 P.3d 742 (2015)

2015 MT 242

380 Mont. 366

Cody William MARBLE, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Argued May 20, 2015.

Decided August 14, 2015.

Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens (argued), E. Lars Phillips (argued), Smith & Stephens, P.C., Missoula, Montana, Brendan McQuillan , Montana Innocence Project, Missoula, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Tammy K. Plubell (argued), Assistant Attorney General, Helena, Montana, Kristen H. Pabst , Missoula County Attorney, Missoula, Montana.

¶ 1 Cody Marble appeals the Fourth Judicial District Court's denial of his petition for postconviction relief (PCR). This case has a lengthy history. In 2002, Marble was convicted of sexual intercourse without consent. The victim, then thirteen-year-old Robert Thomas, testified at...

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