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KELLY v. STATE

No. DA 12-0217.

300 P.3d 120 (2013)

2013 MT 21

368 Mont. 309

Gyme KELLY, Petitioner and Appellant, v. STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided January 29, 2013.

Attorney(s) appearing for the Case

For Appellant: Gyme A. Kelly, self-represented; Deer Lodge, Montana.

For Appellee: Timothy C. Fox, Montana Attorney General; C. Mark Fowler, Assistant Attorney General; Helena, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Gyme Kelly (Kelly) appeals from the order of the Twentieth Judicial District Court dismissing his petition for postconviction relief. We affirm and address the issue:

¶ 2 Did the District Court err by dismissing Kelly's postconviction relief petition as insufficiently pled?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 On February 22, 2010, Polson Police Officer William...

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