Eva has filed a verified petition for a writ of habeas
corpus, asserting denial of constitutional rights because the
Butte-Silver Bow County District Court was without
jurisdiction to convict and sentence him. Eva requests his
immediate release "from incarceration that is the result
of [an] illegal conviction and sentence, that was the result
of a VOID [judgment]."
serving a prison sentence for the 2004 convictions of two
counts each of sexual intercourse without consent and sexual
assault. Eva did not appeal.
has, however, sought various forms of relief with this Court.
In 2006, Eva filed a motion to vacate sentence and for
release from custody. He requested release "so that he
can 'turn over evidence to this court.'" Eva
v. State, No. OP 06-0416, Order, at 1 (Mont. Jul. 5,
2006) (Eva I). This Court denied the motion. Eva
I, at 1. In 2007, he filed a petition for a writ of
habeas corpus, "alleging various infirmities with his
sentence, the process he received before entering his plea of
guilty and before sentencing and the State's alleged
withholding of evidence." Eva v. State, No. OP
07-0210, Order, at 1 (Mont. Apr. 4, 2007) (Eva II).
We determined that all his claims lacked merit and denied his
petition. Eva II, at 1-3.
discharged his prison term on September 13, 2013, and he
began serving the suspended portion of his sentence. On
December 7, 2015, Eva's Probation and Parole Officer
filed a Report of Violation alleging that Eva had violated
his probationary terms, and eight days later, the State of
Montana filed a Petition to Revoke Eva's suspended
sentence. Eva admitted to all but one of the violations at
his May 2016 answer hearing The District Court revoked his
suspended sentence and imposed four, concurrent twenty-year
terms to the Montana State Prison (hereinafter 2016 sentence
upon revocation). Eva sought postconviction relief, and the
District Court denied his petition because it lacked merit.
Eva appealed, and this Court affirmed the District
Court's denial in 2018. Eva v. State, No. DA
17-0187, 2018 MT UN, 2018 Mont. LEXIS 10 (Jan. 16,
filed petitions for habeas corpus relief during his appeal
and immediately thereafter. We dismissed his petition for a
writ of habeas corpus while his appeal was pending. Eva
v. O 'Fallon, No. OP 17-0418, Order (Mont. Aug. 1,
2017) (Eva IV). Eva returned and requested credit
for time while on probation. We denied his petition because
the District Court properly denied him any street time
credit. Eva v. O'Fallon, No. OP 18-0141, Order,
at 2-3 (Mont. Mar. 20, 2018) (Eva V).
recently, in August 2019, Eva filed another petition for a
writ of habeas corpus, alleging that his judgment and
sentence are void and illegal because the District Court
lacked subject matter jurisdiction on the basis that Eva was
not indicted by a grand jury. We denied his petition. Eva
v. Guyer, No. OP 19-0475, Order, at 3 (Mont. Aug. 27,
asserts that his conviction and sentence are illegal and that
he suffers from illegal incarceration. He states that because
the Judge presided over the accusatory phase, the filing of
the information, and his sentencing, the Judge must have
recused himself. He contends that the District Court lacks
jurisdiction. He states that "[b]eing accused does not
mean guilty, per our rights." He lastly points out that
his right to seek this relief via habeas corpus is
Court has heard Eva's arguments before, and they still
lack merit. While Eva is correct that a writ of habeas corpus
shall not be suspended, the writ should not be abused. Mont.
Const, art. II, § 19. More than twelve years ago, we
informed him that his claims regarding his plea of guilty and
sentence lacked merit. Eva II, at 3. We have
reminded Eva that he pleaded guilty to the offenses after
being accused, thereby waiving many nonjurisdictional claims.
Eva II, Eva IV, Eva V, and Eva VI. We
recently have told Eva that the "District Court had
subject matter jurisdiction, and Eva's judgment is not
void." Eva VI, at 3. We have told him that he
is not entitled to release based on his arguments. Eva
I and Eva VI Eva has been accused, convicted,
and resentenced. Pursuant to Montana law, Eva cannot
challenge his 2016 sentence upon revocation. Section
46-22-101(2), MCA. He cannot demonstrate illegal
incarceration. Eva V, Eva VI, and §
46-22-101(1), MCA. Accordingly, IT IS ORDERED that Eva'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, challenging his 2004 conviction or
2016 sentence upon revocation, Eva is directed to 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 leave to file may the
Clerk of this Court file the petition. Any other original
petition Eva seeks to file shall be rejected and the Clerk
shall inform Eva accordingly.
Clerk is directed to provide a copy of this Order to counsel
of record and to Raymond Eva ...