State v. Spinks

Summary

The Montana Supreme Court affirmed the denial of Brian Joseph Spinks’s petition for post-conviction relief asserting double jeopardy violations. The court held that the petition was untimely, that the fundamental-miscarriage-of-justice exception did not apply, and that Spinks had failed to provide sufficient records to support his claim.

Holdings

1. The petition was time-barred because it was filed nearly nine years after the one-year limitations period for seeking post-conviction relief expired.
2. Spinks did not establish the fundamental-miscarriage-of-justice exception because that exception applies only when newly discovered evidence shows that the petitioner did not commit the offense, and the alleged victim recantation evidence was known to Spinks when he pleaded guilty.
3. The District Court properly denied relief because Spinks failed to comply with the requirements of § 46-21-104, MCA, and did not provide information or records concerning the earlier Justice Court conviction.

Questions Presented

1. Whether the District Court erred in denying Spinks's petition and motions for post-conviction relief as untimely.
2. Whether Spinks established an exception to or tolling of the post-conviction-relief statute of limitations based on a claimed fundamental miscarriage of justice and alleged victim recantation.
3. Whether the District Court could evaluate Spinks's double-jeopardy claim when he failed to provide information or records concerning the earlier Justice Court conviction.

Disposition

affirmed