Frederick Roedel has filed another proceeding, here for a
writ of habeas corpus, challenging the validity of his
conviction. In 2006, a jury in Flathead County District Court
convicted Roedel of deliberate homicide for killing his wife.
He is serving an eighty-year prison sentence with a ten-year
appealed his conviction, raising at least four issues,
whether: (1) he received ineffective assistance of counsel
(IAC); (2) the evidence was insufficient; (3) he was denied
the right to be present at all critical stages of the
prosecution, and (4) he was denied the opportunity to review
a tape recording before the District Court heard it at
sentencing. We affirmed. State v. Roedel, 2007 MT
291, 339 Mont. 489, 171 P.3d 694 (Roedel I).
filed a petition for postconviction relief, which the
District Court denied. He appealed to this Court, raising
issues of IAC and police and prosecutorial misconduct related
to his conviction. We affirmed the District Court's
denial of his petition. Roedel v. State, 2010 MT
109N, 357 Mont. 558, 236 P.3d 2 (Roedel II).
2012, Roedel filed a petition for a writ of habeas corpus in
which he alleged that his counsel failed to investigate the
case adequately and failed to introduce evidence from or have
his wife's son testify. Roedel v. Frink, No. OP
12-0527, Order, *1 (Mont. Oct. 9, 2012) (Roedel
III). Roedel argued the outcome of his trial may have
been different, but for the inadequacy of his counsel's
defense, and asked for a new trial. We noted that he could
not collaterally attack his conviction by way of habeas
corpus and denied the petition as procedurally barred under
§ 46-22-101(2), MCA. Roedel III, *2.
2013, Roedel again sought habeas corpus relief, attacking his
conviction primarily on IAC grounds. Roedel v. State of
Montana, No. OP 13-0756, Order (Mont. Nov. 26, 2013)
(Roedel IV). Roedel offered several affidavits in
support of his arguments that he had new evidence. We stated
that the issues presented were, or could have been, raised in
his direct appeal or in his petition for postconviction
relief. See State v. Wright, 2001 MT 282,
¶¶ 13, 22, 307 Mont. 349, 42 P.3d 753. We further
noted "[t]his Court does not consider record-based
issues in the context of a habeas corpus proceeding."
Roedel IV, *2. We denied his petition because he had
been '"adjudged guilty of an offense in a court of
record and has exhausted the remedy of appeal.' Section
46-22-101(2), MCA." Roedel IV, *2-*3. We
concluded that he was not entitled to any relief by way of
2014, Roedel filed a writ of coram nobis alleging claims of
IAC against both his trial and appellate counsel. Roedel
v. State of Montana, No. OP 14-0213, 375 Mont. 552, 346
P.3d 1133, Order (table) (Apr. 22, 2014) (Roedel V).
This Court explained that, effective October 1, 2011, we had
abolished various bills and writs, such as the writ of coram
nobis, with the revisions of the Montana Rules of Civil
Procedure. We denied his petition, stating:
"Roedel's petition has failed to allege any valid
reason to justify the delay in his attack on his sentence.
Consequently, Roedel has chosen the wrong avenue to seek
relief if there [were] any available to him." Roedel
2016, Roedel petitioned this Court for an out-of-time appeal
of an October 21, 2015 Flathead County District Court Order
denying his petition for DNA testing. State of Montana v.
Roedel, No. DA 16-0070, Order (Feb. 16, 2016)
(Roedel VI). We reiterated that Roedel has
previously pursued relief with this Court through his appeals
of his conviction and denial of postconviction relief.
Roedel I and Roedel II. We denied his
petition and concluded "that Roedel has not demonstrated
that a gross miscarriage of justice would result by the
disallowance of his appeal." Roedel VI, *2.
now contends that exculpatory material exists to challenge
his conviction. He points to pages 321 to 322 of his trial
transcript and explains that omitted evidence exists
concerning testing the bullet for DNA. He questions the
investigation of the case and argues that he did not have a
fair trial. He requests the same relief as Richard Earl
Burkhart received from this Court. He requests his immediate
release from prison and that his "record be totally
is not entitled to his immediate release or other relief.
Once again, Roedel is attempting to litigate issues, such as
IAC or DNA, which were raised or could have been raised
previously. Roedel I, ¶¶ 36-56; Roedel
II, ¶ 3, Roedel VI, * l-*2. Roedel is time
and procedurally barred from raising these issues now via a
petition for habeas corpus relief. Lott v. State,
2006 MT 279, ¶¶4, 19, 334 Mont. 270, 150 P.3d 337;
§ 46-22-101(1), MCA; Roedel III, Roedel IV, Roedel
V, and Roedel VI. Given this history, we are
compelled to enter an order requiring Roedel to obtain leave
before filing further proceedings regarding his 2006
conviction. Therefore, IT IS ORDERED that Roedel's
Petition for a Writ of Habeas Corpus is DENIED and DISMISSED.
FURTHER ORDERED that henceforth, prior to filing any original
petition With this Court in regard to his 2006 conviction,
Roedel shall file a motion for leave to file the petition.
The motion for leave must be sworn under oath, not exceed
three pages in length, and make a preliminary showing that
the petition has merit and meets the criteria to state a
prima facie case under M. R. App. P. 14(5). Only when this
Court has reviewed the motion and issued an order granting
Roedel leave to file may the Clerk of this Court file the
petition. Any petition Roedel seeks to file regarding his
2006 conviction without obtaining prior leave shall be
rejected for filing, and the Clerk shall inform Roedel
Clerk is directed to provide a copy of this Order to counsel
of record and to Lawrence Frederick Roedel with a copy of M.
R. App. P 14(5).
 We would note that Roedel's
present petition for relief is a far different matter from
the appeal filed by Richard Earl Burkhart, which he
references. Burkhart raised issues before the trial court in
his petition for postconviction relief for which the Cascade
County District Court granted a new trial. Burkhart's
appeal to this Court was later dismissed upon the ...