State of Montana v. Robert O. Hope

Summary

The Montana Supreme Court affirmed the dismissal of Robert O. Hope’s first and second petitions for post-conviction relief and the denial of his motion for substitution of district judge. The court held that the first petition was appealed too late, the claims in the second petition were or could have been raised earlier, and the substitution motion was untimely. The memorandum opinion is designated noncitable under the court’s internal operating rules.

Holdings

1. An appeal in a postconviction matter must be taken within 60 days after entry of the order denying relief; Hope's appeal from the September 2, 2010 order was untimely.
2. A second or subsequent postconviction petition must be dismissed when the grounds for relief were or reasonably could have been raised in the original or an amended original petition.
3. A criminal defendant's motion for substitution of a district judge must be filed within 10 calendar days after arraignment; Hope's motion filed approximately seven years after arraignment was untimely.

Questions Presented

1. Whether Hope's appeal from the 2010 denial of his first postconviction petition was timely.
2. Whether Hope's second postconviction petition was barred because its grounds were or reasonably could have been raised in the first petition.
3. Whether Hope's motion for substitution of district judge was timely under Montana law.

Disposition

affirmed