Mallak v. State

¶1 Burhan Mallak (Mallak) appeals from the Thirteenth Judicial District Court’s denial of his petition for postconviction relief. We reverse and remand.

¶2 The following issue is presented:

¶3 Did the District Court err in denying Mallak’s Petition for Postconviction Relief?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 In 1982, Mallak left Iraq and entered the United States under refugee status. He now lives in Billings, Montana. On September 14, 1988, the Yellowstone County Attorney filed an Affidavit and Motion for Leave to File Information alleging Mallak sold cocaine and LSD to an undercover…