J. Johnson v. State, 2016 MT 293N

Jeremiah Allen Johnson was convicted (Feb 13, 2013) of aggravated assault and assault with a weapon.
He appealed to the Montana Supreme Court and lost in a prior memorandum opinion affirming his conviction.
Johnson filed a petition for postconviction relief (PCR) on Aug 11, 2015 alleging prosecutorial misconduct (Brady violations), judicial misconduct, and three ineffective-assistance-of-counsel claims, relying solely on the trial record.
The Fourth Judicial District Court dismissed the PCR on Sept 8, 2015, finding the claims barred by § 46-21-105(2), MCA, and that each claim failed to state a claim under § 46-21-201(1)(a), MCA.
The Montana Supreme Court reviewed the PCR denial for clear error of fact and correctness of law and affirmed, concluding the issues were or could have been raised on direct appeal and that Johnson offered no newly discovered, exculpatory evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PCR claims based on trial record may be raised after direct appeal	Johnson: Errors (prosecutorial Brady, judicial misconduct, ineffective counsel) were not previously evident and thus are proper in PCR	State: Claims were or could have been raised on direct appeal and are barred by § 46-21-105(2), MCA	Claims barred; PCR dismissed
Whether plain-error review should be applied to PCR claims	Johnson: Implicitly asks for review of trial-record errors despite not alleging new evidence	State: No newly discovered exculpatory evidence; plain-error review not warranted	Court declined plain-error review (no new evidence alleged)
Whether PCR petition stated claims sufficient to survive initial review	Johnson: Petition asserts six grounds for relief sufficient for PCR review	State: Petition fails to state a claim as allowed by § 46-21-201(1)(a), MCA	District court properly dismissed for failure to state a claim
Whether issues previously raised on direct appeal preclude rehearing in PCR	Johnson: Contends issues were not previously evident from transcript	State: Johnson raised some issues on direct appeal; trial record contains no new grounds	Court found issues evident on trial record and should have been raised on direct appeal

Brady v. Maryland, 373 U.S. 83 (1963) (prosecutor's duty to disclose exculpatory evidence)
McGarvey v. State, 375 Mont. 495 (2014) (standard of review for denial of PCR: factual findings for clear error; legal conclusions reviewed de novo)
Adgerson v. State, 340 Mont. 242 (2007) (plain-error review on PCR limited to cases with newly discovered evidence establishing actual innocence)