Duffy v. Park County JP, 2016 MT 252N

In March 2004 Christopher Duffy pleaded guilty in Park County Justice Court to partner or family member assault.
Shortly after, Duffy moved to withdraw the plea claiming it was involuntary; the Justice Court denied relief.
Duffy petitioned for postconviction relief in District Court; that court denied relief and this Court affirmed in Duffy v. State, 2005 MT 228.
In July 2015 Duffy filed a Rule 60(b)(4) M. R. Civ. P. petition to set aside his 2004 criminal judgment as void, claiming the Justice Court failed to advise him of his right to a jury trial in district court.
The District Court denied the Rule 60(b)(4) petition, concluding civil rules do not apply to criminal convictions and that Duffy’s claim was procedurally barred because he previously litigated voluntariness of the plea.
The Montana Supreme Court affirmed, finding Duffy could not use civil Rule 60(b)(4) to evade criminal procedural bars and must follow criminal postconviction procedures.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether M. R. Civ. P. 60(b)(4) can be used to set aside a criminal conviction as void	Duffy argued the 2004 judgment was void because the Justice Court did not advise him of his right to a jury trial in district court, so Rule 60(b)(4) applies	State argued civil rules do not govern criminal convictions; criminal defendants must use Montana Rules of Criminal Procedure and postconviction mechanisms	Court held Rule 60(b)(4) inapplicable; criminal procedure rules govern challenges to convictions and Duffy cannot avoid procedural bars

Duffy v. State, 120 P.3d 398 (Mont. 2005) (affirming voluntariness of Duffy’s guilty plea)
Hardin v. State, 146 P.3d 746 (Mont. 2006) (voluntary guilty pleas waive nonjurisdictional defects and most pre-plea constitutional claims)
State v. Osborn, 343 P.3d 1188 (Mont. 2015) (criminal defendants must use criminal procedure rules, not civil rules, to challenge convictions)