D. Blackwell v. J. Salmonsen ( 2023 )

07ffir A, FILED
01/20/2023
02/07/2023
Bowen Greenwood
CLERK OF THE SUPREME COURT
STATE OF MONTANA
Inmate Name Case Number: OP 23-0052
103 q,COCi
Inmate ID or AO#
M(,yrbe& t ``L,0
Facility of Incarceration
94), Lol‘v '?().t FILED
Address of Fdcility
Deer tokAe_ 1(4-- 7Z2— JAN 20 2923
City State Zip Bowen G oriwood
sreme Court
6cata of Montana
IN THE SUPREME COURT OF THE STATE OF MONTANA
No. P 3— DOS7
[The Clerk of Court will assign a number]
Li044 bt,at4-)eu
NAME
PETITIONER,
Petition for Writ of
v . Habeas Corpus
3 (IA PA-0A 50(k
NAME OF WARDEN/FACILITY ADMINISTRATOR,
RESPONDENT.
I, Peiket;5- 1),11i azif
[Nameof Inmate]
, am representing myself, and I
believe that I am entitled to a Writ of Habeas Corpus under § 46-22-101, MCA, for one
or more of the following reasons:
[Check the applicable box]:
The Department of Corrections has incorrectly calculated my sentence which
illegally extends my parole eligibility or discharge date.
The Parole Board should have granted me a parole AND the Board violated my
Due Process rights in denying me a parole.
I am entitled to more credit for jail time served than I received.
PRO SE PETITION FOR HABEAS CORPUS & Form 5(1)
Montana Supreme Court (Rev. April 2021)
My sentence is illegal because:
I was sentenced after April 28, 1999, and I received a sentence of more
than 5 years to the Department of Corrections, none of which was
suspended.
My sentence violates my right to be free from double jeopardy.
The length of my sentence is longer than the law allows.
I am entitled to good time that is not credited against my sentence.
I am being held in jail and I believe my bail is excessive.
Other reason incarceration is illegal.
Describe in detail why you are entitled to habeas corpus relief. Be specific. If possible,
provide citations to legal authority. Attach any documents that help you explain why the
Court should grant your petition. A copy of any judgments, orders or other documents
that support your argument must be provided.
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p. 2 Of 5
PRO SE PETITION FOR HABEAS CORPUS & Form 5(1)
Montana Supreme Court (Rev. April 2021)
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PRO SE PETITION FOR HABEAS CORPUS & Form 5(1)
Montana Supreme Court (Rev. April 2021)
As relief, I request the following:
my immediate release from prison.
reduction of my sentence or that this Court remand this cause to the district court
directing the court to resentence me to a lesser sentence.
that the Department of Corrections recalculate my sentence as this Court directs.
Other relief. Explain:
VERIFICATION
STATE OF MONTANA
: ss.
County of \WIllAbbike„) Oee-001)
I believe I am being incarcerated illegally. I certify that the contents of this
petition are true and accurate to the best of my knowledge.
DATED this _12- day of 30.0.{A.,5ta
* 111P(._
Inmate Signature
a[tiak. ZgC3d
Printed Name
1-1- 4 of 5
PRO SE PETITION FOR HABEAS CORPUS & Form 5(1)
Montana Supreme Court (Rev. April 2021)
ACKNOWLEDGMENT CERTIFICATE
State of Ivi°
County of Rewatt;
On c4vu."/ , 20 23 bertn(,s Waiaot Dia.& iue,t( personally appeared
before me,
who is personally known to me
whose identity I proved on the basis of i``irr ( cte44
Cea-di
whose identity I proved on the oath/affirmation of
, a credible witness
to be the signer of the above instrument, and he/she acknowledged that he/she signed it.
Notary Public
MARITES BJORGEN
NOTARY PUBLIC for the
State of Montana
Residing at Stevensville, Montana
My Commission Expires
February 14, 2023
CERTIFICATE OF MAILING (SERVICE)
I hereby certify that on L.Sa,,ki,„4-9( 1Z- , 20 23, I have mailed the
Petition for a Writ of Habeas Corpus, noted by a check mark N), to the
following attorney by placing a copy in the United States Mail, postage
prepaid:
1 State of Montana (see INSTRUCTIONS #9)
Office of the Attorney General
P. O. Box 201401
Helena, MT 59620-1401
or
County Attorney (see INSTRUCTIONS #9)
[Write name of County]
[Signature]
p.50f5
PRO SE PETITION FOR HABEAS CORPUS & Form 5(1)
Montana Supreme Court (Rev. April 2021)