Marble v. StateAnnotate this Case
In 2002, Defendant was convicted of sexual intercourse without consent. In 2010, the victim recanted his accusations in writing. Based upon those recantations, Defendant filed a petition for postconviction relief seeking a new trial. The district court denied the petition. The court predicated its decision upon the concurring opinion in State v. Beach (Beach II) and decided that the victim’s recantation did not definitively establish that Defendant was innocent. The Supreme Court reversed, holding (1) the district court erred in grounding its rejection of Defendant’s petition upon the Beach II concurrence; and (2) a district court shall apply the statutory test set forth in Mont. Code Ann. 46-21-102(2) in determining the disposition of a timely filed petition for postconviction relief based upon newly discovered evidence and shall do so in accordance with the provisions of section 46-21-102(2) and -201 and this opinion. Remanded.