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.

Wilson v. State

Supreme Court of Montana

April 9, 2019

JAMES RONALD WILSON, Petitioner and Appellant,
v.
STATE OF MONTANA, Respondent and Appellee.

          Submitted on Briefs: March 20, 2019

          APPEAL FROM: District Court of the Sixteenth Judicial District, In and For the County of Rosebud, Cause No. DV 13-18 Honorable Nickolas C. Murnion, Presiding Judge.

          For Appellant James Ronald Wilson, Self-Represented, Shelby, Montana

          For Appellee Timothy C. Fox, Montana Attorney General, Madison L. Mattioli, Assistant Attorney General, Helena, Montana

          Kristine White, Rosebud County Attorney, Forsyth, Montana

          Beth Baker Justice.

         ¶1 Pursuant to Section 1, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

         ¶2 James Ronald Wilson appeals a Sixteenth Judicial District Court, Rosebud County, order denying his second petition for postconviction relief because he could have reasonably raised the issue in his first postconviction relief petition. We affirm.

         ¶3 Wilson was convicted by a Rosebud County jury of negligent homicide, deliberate homicide, and aggravated assault after he shot three people outside a bar in Colstrip in 2009. Wilson appealed his conviction to this Court, and we affirmed. State v. Wilson, 2013 MT 70, 369 Mont. 282, 297 P.3d 1208. Wilson filed his first petition for postconviction relief in 2013, raising seven claims of ineffective assistance of counsel and one claim of unlawful removal of evidence. The State responded, and Wilson's trial counsel, Edmund F. Sheehy, Jr., submitted an affidavit. The District Court denied the petition, and this Court denied an out-of-time appeal. Wilson then petitioned this Court for habeas corpus relief, which was denied. Wilson filed a second postconviction relief petition in February 2018, alleging ineffective assistance of counsel for his trial counsel's failure to seek instructions on the lesser included offense of negligent homicide or justifiable use of force as to Count II, deliberate homicide. The District Court referred to Sheehy's affidavit, which described specifically his discussions with Wilson about lesser included offenses and Wilson's refusal to allow Sheehy to argue lesser included offenses, except what was shown on the verdict form. The District Court held that Wilson could have raised this issue in his first postconviction relief petition, and it was therefore procedurally barred pursuant to § 46-21-105 (1)(b) and (2), MCA.

         ¶4 Wilson argues on appeal that his conviction of deliberate homicide resulted from Sheehy's ineffectiveness when he failed to request the lesser included offense instructions. Wilson also raises a new claim on appeal about the incompetency and professional misconduct of Colstrip Police Chief Larry Reinlasoder, the facts of which, he alleges, did not come to light until after Wilson's 2011 conviction.

         ¶5 Section 46-21-102(1), MCA, provides that a petition for postconviction relief may be filed at any time within one year of the date that the conviction becomes final. A conviction becomes final when:

(a)the time for appeal to the Montana supreme court expires;
(b) if an appeal is taken to the Montana supreme court, the time for petitioning the United States supreme court for review expires; or
(c) if review is sought in the United States supreme court, on the date that that court issues its final ...

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.