State v. Polejewski

Summary

The Supreme Court of Montana affirmed the denial of Pamela Jo Polejewski’s motion to withdraw guilty and nolo contendere pleas. The court held that the motion was untimely under Montana Code Annotated § 46-16-105(2) and that Polejewski had not presented newly discovered evidence establishing actual innocence or a fundamental miscarriage of justice.

Holdings

1. A motion to withdraw a guilty plea or nolo contendere plea filed more than one year after the judgment became final is untimely under § 46-16-105(2), MCA, unless exceptional circumstances are shown through newly discovered evidence establishing actual innocence. Polejewski's unsupported assertion of innocence and lack of new evidence did not satisfy that exception.

Questions Presented

1. Whether Polejewski's motion to withdraw her guilty plea was barred as untimely under § 46-16-105(2), MCA.
2. Whether exceptional circumstances or a fundamental miscarriage of justice permitted withdrawal of the plea despite the statutory one-year time bar.
3. Whether the District Court correctly affirmed the Justice Court's denial of the motion.

Disposition

affirmed