State v. Duncan

¶1 This is Alvin James Duncan’s (Duncan) second appeal to this Court. In the prior appeal, we affirmed Duncan’s conviction of two counts of felony sexual assault and remanded the case for resentencing. State v. Duncan, 2008 MT 148, 343 Mont. 220, 183 P.3d 111. The District Court for the Seventh Judicial District, Richland County, subsequently granted Duncan’s petition for postconviction relief on the grounds of ineffective assistance of counsel and prosecutorial misconduct. In this interlocutory appeal, Duncan challenges the District Court’s order denying his motion to dismiss the criminal…