State v. Grimes

Summary

The Montana Supreme Court affirmed the denial of Burly Grimes's motion to file an out-of-time appeal from the denial of his prior petition for postconviction relief or, alternatively, to file a second petition. The court held that the appeal was untimely and that the proposed second postconviction petition did not fall within the statutory exception for newly discovered evidence.

Holdings

1. The motion for an out-of-time appeal was properly denied because Montana law requires an appeal in a postconviction matter to be taken within 60 days of entry of the order, and Grimes sought relief more than five years after the order.
2. The District Court properly denied the request to file a second postconviction petition because the one-year filing deadline and the requirement that all grounds be raised in the original or amended petition barred the proposed claims, and Grimes did not allege the statutory exception for newly discovered evidence establishing actual innocence.

Questions Presented

1. Whether the District Court erred in denying Grimes's motion to file an out-of-time appeal from the denial of his prior postconviction petition.
2. Whether Grimes could file a second petition for postconviction relief asserting ineffective assistance and sentencing-related claims.

Disposition

affirmed