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Roedel v. State

Supreme Court of Montana

November 26, 2013

LAWRENCE FREDRICK ROEDEL, Petitioner,
v.
STATE OF MONTANA, Respondent.

ORDER

Petitioner Lawrence Frederick Roedel (Roedel) filed a petition for a writ of habeas corpus that he has titled, "Successive Habeas Corpus." Roedel was convicted of deliberate homicide following a 2006 jury trial in Flathead County District Court for the murder of his wife. He is serving an 80-year prison sentence, with a 10-year weapon enhancement.

Roedel appealed from his conviction, where he raised the issues that he received ineffective assistance of counsel, that the evidence was insufficient to convict, that he was denied the right to be present at all critical states of the prosecution, and that he was denied the opportunity to review a tape recording before the District Court heard it at sentencing. We affirmed on all issues. State v. Roedel, 2007 MT 291, 339 Mont. 489, 171 P.3d 694.

Roedel filed a petition for postconviction relief that the District Court denied and he appealed to this Court. He raised issues of ineffective assistance of counsel and misconduct by the police and prosecutor. We affirmed the District Court in a non-published Opinion in Roedel v. State, 2010 MT 109N.

Roedel filed a petition for habeas corpus in 2012, in which he alleged that his counsel failed to investigate the case adequately, and that his counsel had failed to introduce evidence from, or have his wife's son testify. He claims that the outcome of his trial may have been different, but for the inadequacy of his counsel's defense. He asks this Court to overturn his conviction to allow him to have a new trial.

We concluded in an October 9, 2012, order, that Roedel may not attack the validity of his conviction by way of habeas corpus. We further denied the petition as procedurally barred by § 46-22-101 (2), MCA. Or. Denying Writ of Habeas Corpus, Roe del v. Frink, No. OP 12-0527 (Mont. Oct. 9, 2012).

The present petition squarely attacks Roedel's conviction and is directed primarily to allegations of ineffective assistance of counsel. Roedel offers several affidavits to support his arguments ostensibly. Nevertheless, the issues presented in Roedel's petition were, or could have been, raised in the direct appeal or in the petition for postconviction relief. This Court does not consider record-based issues in the context of a habeas corpus proceeding.

Roedel has been "adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal." Section 46-22-101 (2), MCA. Consequently, he is not entitled to any relief by way of habeas corpus.

IT IS ORDERED that the petition for a writ of habeas corpus is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Leonard Fredrick Roedel.


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