Kent a K a Lindblom v. State, 2017 MT 193N

Nicole Kent, a Canadian citizen longtime resident of Helena, pleaded guilty in Nov. 2014 to three felonies (possession of dangerous drugs, possession with intent to distribute, and child endangerment) as part of a plea agreement; other charges dismissed.
She received three concurrent five-year DOC commitments with two years suspended and was transferred to a chemical dependency program.
Homeland Security/ICE placed an immigration detainer on Kent around the time of sentencing; she was interviewed by federal immigration agents and was informed she would have to appear before an immigration judge.
Kent was paroled Jan. 11, 2017 and taken into federal immigration custody; in Tacoma she was told by an attorney that her guilty plea to the drug distribution offense triggered mandatory deportation.
On Apr. 20, 2017 Kent filed a petition for postconviction relief alleging ineffective assistance of counsel for failing to advise her about immigration consequences; the District Court dismissed the petition as untimely under the one-year filing rule and refused equitable tolling.
The Montana Supreme Court affirmed, agreeing the district court properly applied settled law in denying equitable tolling and dismissing the procedurally barred petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Kent’s ineffective-assistance claim overcomes the one-year statute of limitations for postconviction relief via equitable tolling	Kent contends counsel failed to investigate or advise her that the drug-distribution plea carried mandatory deportation; she did not learn the deportation consequence until after release, so equitable tolling should apply	State argues Kent knew or should have known of immigration consequences and the detainer in 2014, so she unduly delayed and equitable tolling is not warranted	Court held equitable tolling did not apply; petition was untimely and properly dismissed

Marble v. State, 380 Mont. 366, 355 P.3d 742 (Mont. 2015) (standard of review for district court findings in postconviction relief denials)
Davis v. State, 344 Mont. 300, 187 P.3d 654 (Mont. 2008) (equitable tolling in postconviction relief reviewed de novo)