321 P.3d 121
Mont.2014Background
- Bullman was tried in 2006 for incest and sexual assault of his step-daughter; Judge Katherine Curtis presided over the trial.
- Evidence included a dissolution decree of Bullman’s marriage to M.T., admitted during trial, and M.T. testified to their relationship and marriage status.
- Bullman challenged the directed verdict on incest, arguing Curtis should not decide due to her prior divorce ruling.
- Bullman appealed (Bullman I) and was resentenced on parole conditions after the direct appeal; the IAC/Prosecutorial issues were not on direct appeal.
- Bullman filed a post-conviction relief (PCR) petition in 2010 alleging IAC, prosecutorial misconduct, discovery issues, other acts evidence, and expert exclusion; a later amended petition was limited by the court to the original claims.
- Judge Allison, who replaced Curtis in the PCR, had previously represented Bullman’s wife in a divorce, raising potential recusal concerns; the Montana Supreme Court ultimately remanded for a new judge to consider Bullman’s amended PCR petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District Court erred by limiting Bullman to his original PCR claims when he amended | Bullman | Bullman | Yes, but remanded for new judge to reconsider amendment |
| Whether Judge Curtis had an impermissible conflict due to prior divorce ruling | Bullman | State | Waived on direct appeal; PCR not allowed under statute |
| Whether Judge Allison had an impermissible conflict due to prior representation of Bullman’s wife | Bullman | State | Required recusal; remand for new judge |
| Whether Bullman received ineffective assistance of trial counsel | Bullman | State | Not addressed on the merits; declined pending remand |
| Whether prosecutorial misconduct affected trial fairness | Bullman | State | Not addressed on the merits; declined pending remand |
Key Cases Cited
- Bullman v. Curtis, 362 Mont. 543, 272 P.3d 124 (Mont. 2012) (supervisory control denial; amended PCR limitations discussed)
- State v. Bullman, 2009 MT 37, 349 Mont. 228, 203 P.3d 768 (Mont. 2009) ( Bullman I; direct appeal ruling; sentencing issues)
- Reichert v. State, 2012 MT 111, 365 Mont. 92, 278 P.3d 455 (Mont. 2012) (recusal and disqualification standards for judges)
- Shultz v. Hooks, 263 Mont. 234, 867 P.2d 1110 (Mont. 1994) (recusal considerations for judge prior to proceedings)
- In re Markegard, 2006 MT 111, 332 Mont. 187, 136 P.3d 532 (Mont. 2006) (limits on disqualification rules; different from § 3-1-803)