Griffin v. State

Summary

The Montana Supreme Court affirmed the denial of Calvin Z. Griffin’s motion to waive fines, fees, and costs and motion for nunc pro tunc relief. The court held that Griffin could not evade the statutory bar on successive postconviction petitions by labeling his filing as a different type of motion, and designated the decision as a noncitable memorandum opinion.

Holdings

1. A second or subsequent petition for postconviction relief must be dismissed unless it raises grounds for relief that could not reasonably have been raised in the original or amended original petition.
2. A petitioner cannot avoid the statutory procedural bar by renaming a postconviction request as a motion to waive fines and costs or a motion for nunc pro tunc.

Questions Presented

1. Whether Griffin's motion to waive fines and costs and motion for nunc pro tunc constituted a successive petition for postconviction relief subject to Montana's procedural bar.
2. Whether Griffin could avoid the postconviction procedural bar by labeling his filing a motion rather than a petition.

Disposition

affirmed