Submitted on Briefs: March 20, 2019
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.
Appellant James Ronald Wilson, Self-Represented, Shelby,
Appellee Timothy C. Fox, Montana Attorney General, Madison L.
Mattioli, Assistant Attorney General, Helena, Montana
Kristine White, Rosebud County Attorney, Forsyth, Montana
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
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
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.
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.
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 ...