Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

White v. Salmonsen

Supreme Court of Montana

December 11, 2018

JOEL MILES WHITE, Petitioner,
v.
JIM SALMONSEN, Acting Warden, [1] Respondent.

          ORDER

         Joel Miles White petitions for habeas corpus relief, raising several issues but primarily contending his incarceration is illegal because his 2006 sentence imposed twenty-nine "parole conditions." Pursuant to our Order, the Attorney General for the State of Montana has filed a response, which concedes that White is entitled to relief, in part.

         A Yellowstone County jury convicted White of deliberate homicide in March 2006. The Thirteenth Judicial District Court sentenced White to the Montana State Prison for life and imposed an additional ten-year term for use of a weapon pursuant to § 46-18-221, MCA, to run concurrently with his life sentence. The District Court's Judgment stated:

IT IS FURTHER ORDERED that pursuant to oral pronouncement at the sentencing hearing, a copy of the Defendant's Motion to Strike and Object to Pre-Sentence Investigation and Motion for Revised PSI is hereby attached to this Judgment as Exhibit A.
IT IS FURTHER ORDERED that should the defendant be paroled the following additional conditions shall apply [, ] . ..."

         Judgment (Mont. Thirteenth Judicial Dist. Ct, Jun. 16, 2006). The court listed twenty-nine conditions that appear to be standard probationary conditions, with the exception of Condition 27. Sections 46-18-201, 46-18-202, MCA. Condition 27 appears to be a separate requirement for registration as a violent offender, which is premised upon independent statutory authority.[2] White appealed his conviction, challenging the District Court's denial of his motion for mistrial, and we affirmed. State v. White, 2008 MT 129, ¶¶ 10-17, 343 Mont. 66, 184 P.3d 1008.

         In his petition, White argues that this Judgment is "unlawful and illegal" because "[a] sentencing court does not have statutory authority to impose conditions of parole." State v. Heafner, 2010 MT 87, 356 Mont. 128, 231 P.3d 1087. White also asserts that a court should decide any pending motions before imposing a sentence, and that the failure of the District Court to rule on his pending motion before imposing sentence violated due process. Further, he asks this Court to correct our November 20, 2012 Order, issued in response to a previous petition filed by White, which stated that his ten-year term for use of a weapon ran consecutively to his sentence for deliberate homicide, rather than concurrently, as stated in the Judgment. White v. State, No. OP 12-0539, 368 Mont. 412, 306 P.3d 1015 (table) (Nov. 20, 2012).

         The State argues that White's issue concerning pending motions before imposition of sentence was waived for failing to raise it on appeal, and White is now procedurally barred from raising the issue in a habeas proceeding because his remedy of appeal is exhausted. Sections 46-18-116, 46-22-101(1), MCA. The State further argues that White's habeas petition is not the appropriate remedy to correct a previous order from this Court, and White has not demonstrated his imprisonment is illegal. Section 46-22-101(1), MCA.

         However, the State concedes that White's judgment contains parole conditions which the District Court had no statutory authority to impose. See Heafner, ¶ 6; State v. Burch, 2008 MT 118, ¶ 36, 342 Mont. 499, 182 P.3d 66. The State points out that Burch and Heafner were decided after White was sentenced, and that the procedural habeas corpus bar does not apply here because the illegal portions of White's sentence stem "from a rule created after time limits for directly appealing or petitioning for postconviction relief ha[d] expired." Beach v. State, 2015 MT 118, ¶ 6, 379 Mont. 74, 348 P.3d 629 (referring to Lott v. State, 2006 MT 279, ¶ 22, 334 Mont. 270, 150 P.3d 337). The State recommends this Court remand White's case to the District Court with instructions to strike illegal parole conditions and to enter an amended sentence where the court may restate any parole "conditions" as recommendations to the Board of Pardons and Parole. Heafner, ¶ 11.

         As noted above, with the exception of Condition 2*7, the challenged conditions, numbered 1-26, and 28-29, appear to be standard probationary conditions that cannot be imposed by a sentencing court as parole conditions. Heafner, ¶ 6. Good cause appearing, IT IS ORDERED that White's Petition for a Writ of Habeas Corpus is GRANTED IN PART. This matter is REMANDED to the Thirteenth Judicial District Court, Yellowstone County, under Cause No. DC 05-0601, to amend White's sentence and Judgment by striking the designation of conditions 1-26 and 28-29 as parole conditions and restating said conditions as recommendations to the Board of Pardons and Parole pursuant to § 46-23-215, MCA. Resentencing is not required. Heafner, ¶ 11.

         IT IS FURTHER ORDERED that White's Petition for a Writ of Habeas Corpus is DENIED as to any further relief.

         The Clerk is directed to provide a copy of this Order to the Thirteenth Judicial District Court, Yellowstone County; to Terry Halpin, Clerk of District Court, Yellowstone County, under Cause No. DC 05-0601; to counsel of record; and to Joel M. White personally.

---------

Notes:

[1] Effective October 22, 2018, Lynn Guyer is the Warden of Montana State ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.