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Legal Opinion

State v. Phillips

Montana Supreme Court

Decided May 15, 2007No. 05-702PublishedCited by 15 opinions

1Opinion of the CourtJustice Rice

¶1 Phillips appeals from the denial of his petition for postconviction relief and motion to withdraw his guilty plea by the Fifth Judicial District Court, Beaverhead County. We affirm.

¶2 We address the following issues:

¶3 1. Is Phillips’postconviction claim procedurally barred by §46-21-105(2), MCA?

¶4 2. Did the District Court err in denying Phillips’ petition for postconviction relief?

¶5 3. Did the District Court err in denying Phillips’ motion to withdraw his guilty plea?

FACTUAL AND PROCEDURAL BACKGROUND

¶6 On January 8, 2004, Phillips was charged with having sexual intercourse without…

2Cases cited15 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Bousley v. United StatesSupreme Court of the United States · 1998
  3. State v. GuillaumeMontana Supreme Court · 1999
  4. State v. Lone ElkMontana Supreme Court · 2005
  5. State v. MasonMontana Supreme Court · 2003

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3Cited by15 opinions

  1. State v. MaineMontana Supreme Court · 2011
  2. United States v. OronaCourt of Appeals for the Tenth Circuit · 2013
  3. Hirt v. StateMontana Supreme Court · 2009
  4. State v. BranhamMontana Supreme Court · 2012
  5. State v. ChausseeMontana Supreme Court · 2011

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