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Guill v. Christopher

Supreme Court of Montana

March 31, 2015

NICOLE GUILL, Petitioner
v.
HONORABLE DEBORAH K. CHRISTOPHER, TWENTIETH JUDICIAL DISTRICT COURT, SANDERS COUNTY, Respondent.

ORDER

Self-represented Petitioner Nicole Guill has filed a petition for writ of mandamus requesting that the Twentieth Judicial District Court, Sanders County, file our August 5, 2014 Order granting her habeas relief. Guill contends that she "can not [sic] proceed with a court action until the Order from this Court has been filed in the District Court." Guill includes a copy of her June petition for a writ of habeas corpus, and a copy of our August 5, 2014 Order with her present petition. We amend the caption to include Hon. Deborah K. Christopher, presiding for the Twentieth Judicial District Court (Cause No. DC-06-55). M. R. App. P. 2 and 14(6).

By way of background, in June 2014, Guill petitioned this Court for relief from the sentence imposed upon her. Guill contended that although the District Court gave her credit for jail time served prior to conviction during the sentencing proceeding, the court failed to include this credit in the April 25, 2012 Third Amended Judgment. In its response, the Attorney General for the State of Montana agreed. We issued an Order and remanded the matter to the District Court for resentencing to correct the oversight of credit for time served. Guill v. State, No. OP 14-0379, Or. (Mont. Aug. 5, 2014).

From a review of electronic records, we verified that the Clerk of the Supreme Court e-mailed a copy of this Order to the Twentieth Judicial District Court. The copy of our Order, attached to Guill's petition, was received and filed by the District Clerk of Court on August 7, 2014. The Clerk of District Court also forwarded the Order to the County Attorney and the Office of Public Defender in Poison. It is not clear if the District Court Judge received a copy of our Order.

Guill is incorrect in her assertion that the District Court has not filed this Order. The relief Guill seeks is a written amended judgment. Guill alludes to this in her petition: "[the] Petitioner has not been provided with a copy of the amended judgment." We requested and reviewed a copy of the case register for Cause No. DC-06-55. The register reflects that our Order was docketed in the District Court but no further action has been taken. We note that in the Order we directed the Clerk "to provide a copy of this Order to the Twentieth Judicial District Court, Sanders County, to counsel of record and to Nicole Guill, personally." We did not direct the Clerk to provide a copy of the Order to Judge Christopher personally. It appears, therefore, that although the Order was docketed by the Clerk of Court, it may not have been brought to Judge Christopher's attention.

Writ of mandamus proceedings commenced originally in this Court are conducted under § 27-26-101, et al, MCA. M. R. App. P. 14(2). We note that Guill included no affidavit as required under § 27-26-201, MCA, and that she did not complete service upon the District Court Judge. Section 27-26-205, MCA; M. R. App. P. 14(6). Guill only served the Clerk of District Court and the Clerk of the Supreme Court. Accordingly, IT IS ORDERED that the Clerk is directed to provide a copy of this Order to the Hon. Deborah K. Christopher, Presiding for the Twentieth Judicial District Court, Sanders County, in Cause No. DC-06-55, State of Montana v. Guill; to the Clerk of the Twentieth Judicial District Court, Sanders County; to counsel of record; and to Nicole Guill, personally. If within 30 days of the date of this Order, a corrected judgment has not been entered consistent with our August 5, 2014 Order granting Guill's habeas corpus petition, Guill may renew her petition for writ of mandamus.


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