Summary
The Montana Supreme Court affirmed the denial of Douglas R. Boese’s second petition for postconviction relief. The Court held that the petition was barred by the jurisdictional one-year limitation in § 46-21-102(1), MCA, because it was filed more than three years after his conviction became final. The Court also concluded that Boese failed to establish an applicable miscarriage-of-justice exception because he did not identify newly discovered evidence demonstrating actual innocence.
Holdings
- A second petition for postconviction relief filed more than one year after the conviction became final is barred by the jurisdictional time limitation in § 46-21-102(1), MCA.
- The narrow miscarriage-of-justice exception to the postconviction jurisdictional time bar applies only when newly discovered evidence establishes that the defendant did not commit the offense; Boese did not establish that exception.
Questions Presented
- Whether Boese's second petition for postconviction relief was barred by the jurisdictional one-year limitation period in § 46-21-102(1), MCA.
- Whether any exception, including the miscarriage-of-justice or actual-innocence exception, excused the jurisdictional time bar.
Disposition
affirmed
Cases Cited (11)
- Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967)(cited)
- State v. Robbins, 1998 MT 297, ¶ 51, 292 Mont. 23, 971 P.2d 359(cited)
- State v. LaMere, 2000 MT 45, ¶ 17, 298 Mont. 358, 2 P.3d 204(cited)
- Boese v. State, Cause No. 01-891(cited)
- State v. Root, 2003 MT 28, ¶ 7, 314 Mont. 186, 64 P.3d 1035(cited)
- Pena v. State, 2004 MT 293, ¶ 35, 323 Mont. 347, 100 P.3d 154(cited)
- Sanchez v. State, 2004 MT 9, ¶ 9, 319 Mont. 226, 86 P.3d 1(cited)
- State v. Gallagher, 1998 MT 70, ¶ 15, 288 Mont. 180, 955 P.2d 1371(cited)
- State v. Whitehorn, 2002 MT 54, 309 Mont. 63, 50 P.3d 121(cited)
- In re Petition of Gray, 274 Mont. 1, 908 P.2d 1352 (1995)(cited)
Showing top 10 of 11.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…