Montgomery v. Salmonsen

• Decision Date: 21 December 2021
• Docket Number: OP 21-0544
• Court: Montana Supreme Court
• Parties: MATTHEW L. MONTGOMERY, Petitioner. v. JIM SALMONSEN, Warden, Montana State Prison, Respondent.

MATTHEW L. MONTGOMERY, Petitioner. v. JIM SALMONSEN, Warden, Montana State Prison, Respondent.

No. OP 21-0544

Supreme Court of Montana

December 21, 2021

ORDER

Matthew Montgomery petitions this Court for rehearing of our November 16, 2021 Order denying and dismissing his "Habeas Relict Petition.'” We concluded that Montgomery's pleading should not have been filed with this Court and, in any event, that our recent decision in Gardipee v. Salmonsen. 2021 MT 115, ¶ 10. 404 Mont. 144, 486 P.3d 689, foreclosed any challenge to his nolo contendere plea to a sexual offense, Montgomery argues that, pursuant to § 46-12-204(4), MCA, a "court may not accept a plea of nolo contendere in a case involving a sexual offense[.]" He states that this Court overlooked this fact material to the decision. M. R. App. P. 20(1)(a)(i). Montgomery requests to withdraw his plea. Montgomery's request for plea withdrawal comes too late, and as explained before, he cannot challenge his convictions through this remedy of habeas corpus. Montgomery has not ''clearly demonstrated exceptional circumstances” for this Court to rehear its denial of his petition. M. R. App. P. 20(1)(d).

IT IS THEREFORE ORDERED that Montgomery's Petition for Rehearing is DENIED and DISMISSED.

The Clerk is directed to provide a copy of this Order to counsel of record and to Matthew Montgomery personally.

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