Selage v. Bludworth ( 2023 )

11/28/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 23-0510
OP 23-0510
FILED
TYREE KILO SELAGE,
NOV 2 8 2023
Petitioner, Bowen Greenwood
Clerk of Supreme Court
state of Montana
v. ORDER
PETER BLUDWORTH,
A
Respondent.
Tyree Kilo Selage has filed a petition for rehearing, pursuant to M. R. App. P. 20(1).
Montana's Attorney General, on behalf of the State of Montana, responds in opposition.
On October 17, 2023, this Court granted Selage's Petition for Writ of Habeas
Corpus in part, remanding the matter to the Yellowstone County District Court, to amend
its Judgments for Selage's two sentences. The Sentence Review Division had modified his
prison sentences to a commitment to the Department of Corrections (DOC).
Selage posits that this Court overlooked several material facts in the decision. He
contends that the affidavit, provided by the Records Department Bureau Chief last month,
contradicts a response in a 2022 Offender/Staff Request. He puts forth that someone
changed his placement status from Montana State Prison (MSP) to the DOC, before our
decision. He states that the District Court Judge did not sentence him under the correct
statutory authority and that he did not receive credit for time served. He adds that he did
get 212 days of credit for time served, after multiple requests, in another sentence from the
Anaconda-Deer Lodge County District Court.
The State responds that Selage has not demonstrated any exceptional circumstances
to justify granting his petition for rehearing. M. R. App. P. 20(1)(d). The State points out
that the Offender/Staff Request (OSR) was not part of this record on review for his petition
for habeas corpus relief, nor was his status, which appears on the Offender Management
Information System (OMIS). The State further points out that "[s]ince this Court granted
the relief Selage sought, there were no facts material to the decision that this Court
overlooked." The State adds that the Yellowstone County District Court amended his
sentences for two felony driving under the influence cases and modified the placement
from the MSP to the DOC. The State notes that Selage raises a new argument and that this
Court should not consider his argument about credit against his fines because he did not
raise it previously.'
We agree with the State. Selage has received relief from the previous order; he now
has commitments to the DOC, instead of prison, upon the court's amendment. He also has
received credit for time served in his other sentence. Selage v. Green, No. OP 21-0558,
Order granting habeas corpus relief in part (Mont. Jan. 18, 2022). We decline to address
new arguments or those with no basis. See Merchants ' Nat'l Bank v. Greenhood, 16 Mont.
395, 460-61, 41 P. 851, 851-52 (1895) ("A rehearing will not be granted . . . after it has
been remitted to the court below to carry into effect the decree of the court above according
to its mandate."). (Citation omitted.) Therefore,
IT IS ORDERED that Selage's Petition for Rehearing is DENIED and
DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel
of record, and to Tyree Kilo Selage personally.
DATED this Clay of November, 2023.
Chief Justice
L.A .4/1 0
The State provides that the court's judgments were clear—Selage was not to be given credit
against the fine for time served. The State notes that some inconsistencies about the fines exist in
the court's sentencing orders, where one has the net fine at $5,250 and the other has the net fine at
$10,000, not $5,250.
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Justices
3
II
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