No. 25-7059

Jeremy Patrick Opie v. Shawn Wead, Warden, et al.

Lower Court: Montana
Docketed: 2026-03-18
Status: Pending
Type: IFP
IFP
Tags: double-jeopardy due-process fifth-amendment fourteenth-amendment habeas-corpus sentencing
Latest Conference: N/A
Question Presented (from Petition)

Does a court have the obligation to address the specific argument presented in a petition for writ of habeas corpus in order to preserve the petitioner's rights to due process and of access to the courts? And,

Is a sentencing court obligated under the Fourteenth Amendment and Fifth amendment right to due process to comply with ALL mandatory statutory provisions (state created liberty interest) prior to sentencing an offender? And,

Is it a violation of an offender's right to due process to pronounce an adult prison sentence without first defining the conviction of a crime? And,

Does the sentencing of an adult to seven years of incarceration after the adjudication for juvenile behavior had expired represent double jeopardy?

Question Presented (AI Summary)

Whether courts must address specific habeas corpus arguments and comply with mandatory statutory sentencing provisions to preserve due process rights, and whether sentencing an adult to incarceration based on expired juvenile adjudication constitutes double jeopardy

Docket Entries

2025-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2026)

Attorneys

Jeremy Patrick Opie
Jeremy Patrick Opie — Petitioner