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VanLUCHENE v. STATE

No. 89-588.

797 P.2d 932 (1990)

Terry VanLUCHENE, Jane VanLuchene, Paula Ostrom, Katherine VanLuchene, and Derek VanLuchene, as individuals; Terry VanLuchene and Jane VanLuchene as Personal Representations of the Estate of Ryan VanLuchene, Deceased, Plaintiffs and Appellants, v. STATE of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided September 4, 1990.

Rehearing Denied October 2, 1990.

Attorney(s) appearing for the Case

Kenneth R. Olson, Great Falls, for plaintiffs and appellants.

Maxon R. Davis, Paul R. Haffeman, Cure, Borer & Davis, Great Falls, for defendant and respondent.

W. William Leaphart, Leaphart Law Firm, Helena, amicus curiae (Bartruff).

BARZ, Justice.

This appeal arises from the summary disposition of appellants' claims in the District Court of the Ninth Judicial District, Pondera County. We affirm.

On June 11, 1984, Robert Hornback pled guilty to felony sexual assault following his attack on a young boy in Libby. Hornback was sentenced to five years in Montana State Prison with a dangerous offender designation. Hornback served his full sentence reduced only by a statutory allowance for good...

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