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Rose v. State

Supreme Court of Montana

July 23, 2013

ROBERT L. ROSE, Petitioner,
v.
STATE OF MONTANA, Respondent.

ORDER

Self-Represented Petitioner Robert L. Rose (Rose) has filed a petition for rehearing with this Court on July 1, 2013. The State filed its response on July 16, 2013. Rose disagrees with this Court's June 18, 2013, Opinion affirming the denial of his petition for postconviction relief.

This Court will consider a petition for rehearing on very limited grounds. The Court will consider a petition if it has "overlooked some fact material to the decision, " if the decision missed a question provided by counsel that would have decided that case, or if the decision "conflicts with a statute or controlling decision not addressed" by the Court. M. R. App P. 20. The Court has determined that "a petition for rehearing is not a forum in which to rehash arguments made in the briefs and considered by the Court." State ex rel Bullock v. Philip Morris, Inc., 2009 MT 261, 352 Mont. 30, 217 P.3d 475, 486.

This Court having fully considered Rose's petition for rehearing and the State's response,

IT IS ORDERED that the petition for rehearing is DENIED.

The Clerk is directed to mail copies hereof to all parties.


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