Morsette v. State
2016 MT 294N
| Mont. | 2016Background
- In 2011 Isaiah Maurice Morsette was convicted of sexual intercourse without consent; this Court affirmed his conviction on direct appeal in 2013.
- On December 19, 2014, Morsette filed a petition for post-conviction relief (PCR) alleging ineffective assistance of counsel, supported by affidavits and non-record evidence.
- The Seventeenth Judicial District Court reviewed the petition, the affidavits, and the trial record and denied relief without holding an evidentiary hearing.
- The District Court treated the petition as having been considered on the merits (not dismissed for failure to state a claim) and concluded the record was adequate to resolve the issues presented.
- The State argued the petition was time-barred under Montana’s one-year statute of limitations for PCR petitions because Morsette’s conviction became final December 16, 2013; the petition was filed December 19, 2014.
- Morsette appealed, arguing the District Court abused its discretion by refusing to hold an evidentiary hearing; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District Court abused its discretion by denying an evidentiary hearing on the PCR petition | Morsette: the court erred and an evidentiary hearing was required to resolve credibility/non-record factual disputes | State: the court had an adequate record (petition, affidavits, trial record) to resolve the claims and holding a hearing was unnecessary | Court: No abuse of discretion; District Court permissibly resolved the petition on the existing record without a hearing |
| Whether the PCR petition was timely under § 46-21-102, MCA | Morsette: petition filed within reasonable time; implied argument against strict application of the deadline | State: petition was filed after the one-year limitations period—conviction final Dec. 16, 2013; PCR due by Dec. 16, 2014; filed Dec. 19, 2014 | Court: Petition was procedurally barred by the statute of limitations; even if hearing denial were error, dismissal was proper on timeliness grounds |
Key Cases Cited
- Beach v. State, 353 Mont. 411, 220 P.3d 667 (2009) (standard of review for PCR denial and discretionary review of evidentiary hearing decisions)
- State v. Morsette, 372 Mont. 38, 309 P.3d 978 (2013) (this Court’s prior affirmance of Morsette’s conviction)