Michael Jeffrey Anderson v. State of Montana

Summary

The Montana Supreme Court affirmed the dismissal of Michael Jeffrey Anderson’s petition for post-conviction relief. The court held that the petition was untimely and that the documents initially filed failed to comply with statutory requirements for a verified petition. The opinion was issued as a noncitable memorandum opinion.

Holdings

1. The petition was untimely because Anderson's case became final on May 3, 2010, and he did not file a proper postconviction petition by the May 3, 2011 deadline.
2. The June 14 filings were procedurally defective because the petition and affidavit were photocopies, were not dated and signed before a notary, and did not provide the required original sworn verification.

Questions Presented

1. Whether Anderson's postconviction petition was timely under Montana law.
2. Whether Anderson's June 14, 2011 postconviction filings complied with the statutory requirements for a verified petition.
3. Whether the District Court properly dismissed the postconviction petition.

Disposition

affirmed