State v. Brandon Burns

Summary

The Montana Supreme Court affirmed the denial of Brandon Burns’s petition for remission of allegedly illegally ordered restitution. The Court held that Burns’s claims were barred by res judicata and were time-barred, and that he was not entitled to an evidentiary hearing because he challenged the legality of the restitution order rather than alleging changed circumstances warranting modification or waiver. The memorandum opinion is noncitable under the court’s internal operating rules.

Holdings

1. Burns's challenge to the legality of the restitution order was barred by res judicata because he had multiple prior opportunities to litigate the same contentions before the Montana Supreme Court.
2. Burns was not entitled to a hearing because he challenged only the legality of the restitution order and did not allege changed circumstances supporting modification or waiver.
3. Burns could not raise new arguments for modification of restitution for the first time in his reply brief.

Questions Presented

1. Whether the district court erred by denying Burns's petition for remission of allegedly illegal restitution without holding a hearing under section 46-18-246, MCA.
2. Whether Burns could relitigate the legality of the restitution order after having previously raised substantially the same contentions in habeas proceedings.
3. Whether Burns's failure to allege changed circumstances entitled him to a hearing for modification or waiver of restitution.

Disposition

affirmed