HAFFEY v. State
Montana Supreme Court
1Opinion of the CourtJustice Leaphart
¶1 Stephen Haffey appeals the order of the District Court for the Fourth Judicial District, Missoula County, denying his petition for postconviction DNA testing.
¶2 The sole issue on appeal is whether the District Court erred in dismissing Haffey’s petition. We affirm, with a minor clarification, and remand.
FACTUAL AND PROCEDURAL BACKGROUND
¶3 Haffey was convicted in 2007 of felony assault with a weapon and driving under the influence of alcohol (DUI). State v. Haffey, 2008 MT 433N, ¶ 2, 348 Mont. 371 (table); Mont. Sup. Ct., I.O.R. 3(d)(v) (providing that unpublished decisions “shall not be…
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