No. 21-5934

Charles Ivan Branham v. Montana, et al.

Lower Court: Ninth Circuit
Docketed: 2021-10-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 direct-appeal direct-review federal-procedure habeas-corpus montana-supreme-court sentence-review statute-of-limitations
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Whether proceedings of the Sentence Review Division of the Montana Supreme Court are part of the 'direct review' process under 28 U.S.C. § 2244(d)(1)(a)

Question Presented (OCR Extract)

QUESTION PRESENTED The issue is whether proceedings of the Sentence Review Division of the Montana Supreme Court are a part of the “direct review” process under 28 U.S.C. § 2244(d)(1)(a) that delays the start of the running of the statute of limitations when defendants cannot raise an equitable challenge to their sentences on direct appeal, but must instead file an application for review of sentence with the Montana Sentence Review Division. 1

Docket Entries

2021-11-01
Petition DENIED.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-10-08
Waiver of right of respondent State of Montana, et al to respond filed.
2021-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2021)

Attorneys

Charles Branham
Palmer Arthur HoovestalHoovestal Law Firm, Petitioner
Palmer Arthur HoovestalHoovestal Law Firm, Petitioner
State of Montana, et al
Mardell Lynn PloyharMontana Attorney General's Office, Respondent
Mardell Lynn PloyharMontana Attorney General's Office, Respondent