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Stutelberg v. State

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eBook details

  • Title: Stutelberg v. State
  • Author : Supreme Court of Montana
  • Release Date : January 06, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Appellant Mark Alan Stutelberg was convicted in 1994 of two counts of first-degree murder for the killing of his girlfriend, Holly Schwerzler. On March 30, 2006, appellant filed a petition for post-conviction relief and a motion for an evidentiary hearing. The district court summarily denied appellants petition and motion, concluding that his delay in seeking relief constituted an abuse of judicial process and that the newly discovered evidence he proffers prejudices the State. We reverse the district courts summary denial of appellants petition and motion and remand for an evidentiary hearing.


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