United States District Court, D. Montana, Missoula Division
FINDINGS AND RECOMMENDATIONS OF UNITED STATES
JEREMIAH C. LYNCH, UNITED STATES MAGISTRATE JUDGE.
case comes before the Court on Petitioner Brent Arthur
Wilson's application for writ of habeas corpus under 28
U.S.C. § 2254. Wilson is a state prisoner proceeding pro
28 U.S.C. §2254 Petition
reasons discussed herein, it is recommended that Wilson's
petition be dismissed with prejudice as untimely.
challenges convictions for Felony Attempt (Theft), Deceptive
Practices, and Tampering with Public Records/Information
handed down in the Montana Twentieth Judicial District, Lake
County following a jury trial in 2010 at which Wilson elected
to represent himself. (Doc. 1 at 2-3, 7). Wilson was
ultimately sentenced to a twenty-year prison sentence, with
ten of the years suspended.
his conviction, Wilson filed a timely direct appeal with the
assistance of counsel. Wilson alleged: (1) the trial court
erred by determining he knowingly and intelligently waived
his right to counsel and by allowing him to represent himself
at trial; (2) the State's use of journals allegedly
authored by Wilson during trial warranted plain error review;
and (3) the trial court imposed an illegal sentence.
State v. Wilson, 2011 MT 277, ¶¶ 4-6, 362
Mont. 416, 264 P.3d 1146.
Montana Supreme Court determined the trial court undertook
exhaustive discussions with Wilson about the dangers of
representing himself, repeatedly attempted to appoint
counsel, and considered a mental health evaluation that
indicated Wilson was fit to act in his own defense.
Consequently, the Court found sufficient credible evidence to
support the trial court's conclusion that Wilson
knowingly, intelligently, and competently waived his right to
counsel. Wilson, at ¶¶ 22-24. The Court
declined to conduct plain error review of the admission of
the journals into evidence, id. at ff 27-29, and
determined the trial court imposed a legal sentence.
Id. at ¶¶ 32-36. The Court's published
opinion issued on November 8, 2011. State v. Wilson,
2011 MT 277, 362 Mont. 416, 264 P.3d 1146.
of 2017, Wilson filed a petition for a writ of habeas corpus
in the Montana Supreme Court. Wilson v. Fletcher, OP
17-0431, Pet. (filed July 21, 2017). The Montana Supreme
Court summarized Wilson's claims:
Wilson's main complaint is that his liberty is unlawfully
restrained. He states that he has "zero criminal
history, " questions who are the victims, and the
correct amount of restitution. Citing to federal law, he
contends that his underlying proceeding "draws a Federal
Question with security fraud..." He lists fifty-one
questions in an attachment in an effort "to determine
the nature and cause of the restraint of [his]
liberty..." He attaches copies of his Judgment and
Commitment, Inmate Classification Action, the Board's
Disposition, and his parole plan, which he labels, except for
his parole plan, as "adhesion contracts." Wilson
claims that his parole should have been granted, but he does
not elaborate why the Board's decision is in error.
Wilson v. Fletcher, OP 17-0431, Or. at 2 (Mont. Aug.
Court determined relief for most of Wilson's arguments
and requests did not lie in habeas because they were
unrelated to the legality of his incarceration. Id.
Further, the Court noted the claims relative to Wilson's
underlying proceedings were procedurally barred because he
had been adjudged guilty of an offense and appealed, thus,
exhausting his remedy of appeal. Id., citing Mont.
Code Ann. §46-22-101 (2). Additionally, the Court
determined the Parole Board acted within its discretion to
deny Wilson parole and that Wilson failed to establish a due
process violation. Id. at 2-3. The Court denied
federal petition consists of various supplements and exhibits
alleging an array of claims. (Docs. 1, 1-1, 1-2, 6, 8, and
10). Generally, Wilson appears to dispute his citizenship and
seems to believe, despite his convictions in the state court,
that there is no jurisdiction under which to restrain his
liberty. Wilson advances seventeen separate grounds for
relief. (Doc. 1-1 at 1-10). Wilsons requests this Court order
his immediate release from the Montana State Prison, award
him $1, 200, and order payment of his train fare to Seattle,
Washington. (Doc. 1 at 7, ¶ 6).
Federal Statute of ...