Marble v. State, 2015 MT 242 (Aug. 14, 2015) (Cotter, J.; Rice, J., concurring & dissenting; McKinnon, J., concurring & dissenting) (5-2, rev’d) (Judge Michael Hayworth sitting for Chief Justice McGrath)
Issue: (1) Whether the district court erred in predicating its decision denying Marble’s petition for postconviction relief on the concurring opinion in Beach II; and (2) what test a district court must use in reviewing a petition for postconviction relief predicated on newly discovered evidence and filed within one year of discovering such evidence.
Short Answer: (1) Yes, and (2) The district court shall determine whether the new evidence “if proved and viewed in light of the evidence as a whole would establish that the petitioner did not engage in the criminal conduct for which he or she was convicted.”…