IN THE SUPREME COURT OF THE STATE OF MONTANA
No. 02-269
STATE OF MONTANA,
Plaintiff and Respondent,
vs.
LLOYD SCOTT MAI ER
Defendant and Appellant,
CASCADE CO. NO. BDC-95-35OAk)
REPLY BRIEF OF APPELLANT
On Appeal from the District Court of the
Eighth Judicial District of the State of Montana,
in and for the County of Cascade
APPEARANCES:
MIKE MCGRATH
Attorney General
State of Montana
Justice Building
215 North Sanders
P.O. Box 201401
Helena, MT 59620-1401
VINCE VAN DER HAGEN
Cascade County Courthouse
415 Second Avenue North
Great Falls, MT 59401
ATTORNEY FOR THE
DEFENDANT AND
APPELLANT
0
BRANT LIGHT ~.
Cascade County Attorney
Cascade County Courthouse
Great Falls, MT 59401
ATTORNEYS FOR STATE
AND RESPONDENT
TABLE OF CONTENTS
TABLE OF AUTHORITIES.. . .
TABLE OF AUTHORITIES
CASES
Beach v. Day
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amended the petition to include the claim of newly discovered
evidence, i.e. Robert Bradford’s perjured trial testimony.
Assuming arguendo
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105, it is clear which type or quantity of postconviction relief petition
46-21-102. This time limitation applies to the original petition. The
time
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For the foregoing reasons, the district court’s order denying Mr.
Maier’s petition for postconviction relief should be reversed, and Mr.
Maier’s conviction should be overturned and the case remanded for
retrial.
DATED this 15th day of OCTOBER 2002.
SUBMITTED BY,
Attorney for Appellant
415 Second Ave North RM 107
Great Falls, MT 59401
(406)454-6866
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the
foregoing Brief of Appellant to be mailed to the Attorney General for
the State of Montana, at P.O. Box 201401, Helena, Montana 59620-
140l,hand-delivered to the Cascade County Attorney at their mailbox
located in the Clerk of the Court’s office in the Cascade County
Courthouse, Great Falls, Montana 59401 and to be mailed to the
Appellant at the Butte Pre-release, 62 W. Broadway, Butte, MT
597010n this 15th day of October, 2002.
Attorney at Law
~_ CERTIFICATE OF COMPLIANCE
Pursuant to Rule 27 of the Montana Rules of Appellate Procedure,
I certify that this principal brief is printed with a courier typeface have
no more than ten characters per inch; is double spaced; pages are 8.5 x
11 inches with margins of no less than 1" from the top, bottom and
right side and 1.5” from the left margin. The brief does not exceed
fourteen pages, excluding the table of contents, table of authorities,
certificate of service and addendum.
DATED this 15th day of October 2002.
il
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VINCE VAN DER HAGE%i-
Attorney at Law
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