Stuart v. State

BISTLINE, Justice. 1

This is an appeal by Gene Francis Stuart (Stuart) from the denial of his second petition for post conviction relief in which he alleged that his telephone calls from the Clearwater County Jail to his attorney(s) had been im-permissibly monitored or taped. After an evidentiary hearing, the district court denied Stuart’s petition, concluding that Stuart had failed to carry his burden of proof. Because we hold that there is not substantial and competent evidence to support the district court’s finding that the intentional destruction of portions of the relevant telephone logs…