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Parke v. State

Supreme Court of Montana

September 17, 2019

CHARLES BERNARD PARKE, Petitioner,
v.
STATE of MONTANA, and MICHAEL D. SMITH, Warden, MCFP Springfield, Respondents.

          ORDER

         Charles Bernard Parke has returned to this Court with a newly filed petition for a writ of habeas corpus. We amend the caption to include the State of Montana and to indicate the Warden's name of MCFP Springfield, where Parke is currently incarcerated.

         In a March 12, 2019 Order, this Court dismissed Parke's appeal and considered his claims in a petition for a writ of habeas corpus. We converted his claims because Parke alleged that entries within the Butte-Silver Bow County District Court's docket sheets for his 2003 criminal convictions were incorrect and those incorrect dates of warrants being issued and his arrest were affecting how many points Parke would receive within the federal system. This Court accepted Parke's claims as valid and ordered that the District Court's dockets be corrected, as Parke put forth. The Butte-Silver Bow County District Court complied and issued on March 13, 2019, the corrected docket sheets that also are on file here.

         Parke now brings forth three claims for relief. He requests that the case register reports or dockets be corrected "in full" for all three of his criminal cases. He states that his "1998 conviction is one conviction not two (2)." Parke requests: "Both 2003 cases show [where] bench warrants were issued before September 11, 2008, and both show [that] petitioner was hospitalized (contact of police & detectives) on October 24, 2008[.]" Parke puts forth that this information is "all on record but not on case register report[]s or docket[]s."

         Parke further states that, because this Court assisted him before, it should correct all the errors on the dockets as he sees them. This Court reviewed copies of his criminal records on file here from his prior matter. There is little, however, this Court can do to comport with Parke's requests at this point. First, concerning Parke's 1988 conviction, Parke is incorrect about having only one conviction and not two for criminal sale of dangerous drugs. Parke signed a plea agreement on February 5, 1988, that references only "the offense of SALE OF DANGEROUS DRUGS . . . [.]" But he entered pleas to two counts of felony criminal sale of dangerous drugs. The charging documents also list two counts, like the docket sheets. Parke pleaded guilty to two counts in open court as reflected in the final judgment. The District Court found that Parke was guilty of two counts of the felony offense and sentenced him to concurrent terms of five years with two years suspended.

         Turning to Parke's claims about his 2003 sentences, not everything he requests will be reflected on a docket sheet or case register. The docket sheets or case registers reflect only the title of the pleading and perhaps a brief summary. They do not operate as a full accounting of what occurred or where Parke was. Upon review of the docket and his requests, for both cause numbers, there was no activity on these dates: September 12, September 17, or October 24, 2008, in his state proceedings. In both cases, Parke's counsel sought a continuance on September 4, 2008, because Parke was still at the Montana Chemical Dependency Center (MCDC) (docket item #35 for Cause No. DC-03-73). For Cause No. DC-03-73, the minute entry (docket item # 36) continues a hearing from September 4, 2008, to September 11, 2008, and this item was filed on September 4. The next docket item is the court's order continuing the hearing, filed on September 10, 2008. The certificate of service was also filed that day. Lastly, there is a minute entry for the hearing that occurred on September 11, 2008 (docket item # 39). The Clerk of District Court changed, upon our Order, the bench warrant from ISSUED to QUASHED, as Parke originally suggested. For Cause No. DC-03-127, the minute entry continuing the hearing is item # 26, filed on September 4. 2008, followed by the court's order, filed on September 10, and the accompanying certificate of service. On September 11, as in the other case, there is a minute entry for Parke's appearance at his hearing. The revised docket also reflects: Bench Warrant Quashed. Both cases' next entry has a date of October 27, 2008, and the revised dockets reflect Bench Warrant Issued. On May 1, 2009, the District Court dismissed both cases because the State notified the court that Parke had been sentenced to federal prison for another matter. The dockets or registers reflect only the orders, decisions, minute entries, etc., of what occurred in court, and nothing more. Section 3-1-114(1), MCA.

         It is difficult for this Court to maintain jurisdiction over Parke when his Montana matters have long been discharged and he is incarcerated in another state. We have assisted him in his previous requests. This Court cannot grant him effective relief. Sebastian v. Mahoney, 2001 MT 88, ¶ 7, 305 Mont. 158, 25 P.3d 163. Based upon our review as explained above, there is little more that this Court may do for him except to send him copies of his 1988 Judgment, the State's Petition to Revoke filed on August 14, 2008, and the September 4, 2008 Motion for Continuance.

         IT IS THEREFORE ORDERED that Parke's requests and claims as presented in his petition for habeas corpus relief are all DENIED, and his petition for a writ of habeas corpus is DISMISSED.

         The Clerk of the Supreme Court is directed provide a copy of this Order to counsel of record; to Warden Smith, MCFP Springfield, Federal Medical Center, P.O. Box 4000, Springfield, MO 65801-4000; and to Charles Bernard Parke, #10211-046/8-2, MCFP Springfield, P.O. Box 4000, Springfield, MO 65801-4000. The ...


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