D. Blackwell v. J. Salmonsen

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. ()A Co& Mit" iftky aHic, N-Wer 1\04vie- velatAtia4 1/4(% fo litvw i6\tiol !Ay spfeh ima tO t14 Off riti, AvaTikak -1-e,44iviemeu ck L3a WY'S-4r ' ficV-Tvi letig 34,g Yez‘A fott\ Yatoire- Ceteirly 41- YerAre, ()001,CL-1-- Ther- No-Nre,Aelipr 5 pi-r;- Tiveo - te.17 Ae_trc-Ry fkileed-evt TO Me- k Ith-evlAY Nres fl4 1-1-46 AvA f)C--- 1,c1- Oa< Dh 14-15-Fe-ww- dAne qz_ [1404.-1-h5- ca Pt)t SIParlee OVc,EJ p. 2 Of 5 PRO SE PETITION FOR HABEAS CORPUS & Form 5(1) Montana Supreme Court (Rev. April 2021) IA*tD4\ S prk 1-\cf Pi-4?r -kp riArp Sektge,-6Act[e_ g Eastp_r 4p -fr. avite_ rk,,_ A Aft,* IK ,%10- ka-tuteAeUti itibtk Plc &AAtio -kke_ 5RQ4i,k ia tjr ime-5+ T-vvY &J, Pf pTe-- Lok,-4-0 F(-e4i&ace ivf/m- 4f) S4I kkevi-1 5 0 tAlae-- rvAt-141, kettrit dttrirae, tOietbK bL- -2- yolackrIsil knit zp_, 3 YRekrs or el*. inkto4 A94- q. Toes- As tAitUck. HrAtivrAj rte,A5- Tipt orLYtztr tApirly(sk 4[41-G4ix31A ASK-1 1;‹ ie-OVer Ara Erox41 txti %rig_ -60-3.0,,0 AA PS14A-A Healkk. D;A-01, 41:fc aVVI 64 di 1\(\a/4- `6A- [Use extra pages if necessary] p. 3 of 5 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)