Hamilton v. State

¶1 Darryl Hamilton (Hamilton) appeals from an order of the Eighth Judicial District Court, Cascade County, denying Hamilton’s petition for post-conviction relief. We affirm.

¶2 We review the following issue on appeal:

¶3 Did the District Court abuse its discretion when it denied Hamilton’s petition for post-conviction relief without granting him an evidentiary hearing?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 The State charged Hamilton on June 23, 2004, with eight counts of felony incest in violation of § 45-5-507, MCA. A jury convicted Hamilton of all eight counts in April 2005. Joseph Gilligan…