Patrick v. State
2011 MT 169
Mont.2011Background
- Patrick filed a postconviction petition on August 9, 2010 in Montana.
- Judge Susan Watters recused on August 24, 2010, and the matter was reassigned to Judge Ingrid Gustafson.
- The State moved on August 27, 2010 to substitute Judge Gustafson under § 3-1-804, MCA.
- The Clerk of Court substituted Judge Gregory Todd the same day, and notice was mailed to Patrick.
- Patrick moved on September 24, 2010 to invalidate the substitution, arguing no right to substitution in postconviction proceedings and improper service.
- The District Court denied relief on December 9, 2010, holding substitution valid and denying extra time to move for substitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the substitution was valid after sentencing judge recused | Patrick contends no right to substitution in postconviction proceedings and improper service. | State argues substitution permitted under § 3-1-804(1)/(8) despite Coleman framework. | Substitution valid; § 3-1-804(8) reinstates right to substitute. |
| Whether Patrick deserved more time to move for substitution | Patrick seeks additional time due to unsettled statutory interplay. | State asserts untimely under § 3-1-804(1). | Equity grants Patrick 20 days from remittitur to move for substitution. |
Key Cases Cited
- Swan v. State, 2006 MT 39 (MT) (defines right to judicial substitution in civil actions)
- Coleman v. State, 194 Mont. 428 (1981) (postconviction proceedings should proceed before sentencing judge; precedence over right to substitution)
- Harris v. State, 2003 MT 258 (MT) (interplay between postconviction statutes and substitution rights)