State v. K. Martell
2021 MT 226N
| Mont. | 2021Background
- Koby Jacob Martell pleaded guilty to felony Sexual Intercourse without Consent on May 31, 2018; sentenced March 22, 2019 to 20 years with 15 suspended.
- Martell did not appeal; his conviction became final on May 21, 2019.
- Martell, proceeding pro se, filed a motion on August 18, 2020 seeking an extension to file a petition for postconviction relief, citing COVID-19 closures and disciplinary sanctions against his privately retained counsel.
- The one-year statutory deadline for postconviction petitions is set by § 46-21-102(1), MCA; Martell missed that deadline.
- The Seventh Judicial District denied Martell’s extension/motion for equitable tolling for lack of good cause; the District Court found prison COVID protocols and court operations did not justify tolling and that Martell knew of counsel issues before the deadline.
- The Montana Supreme Court affirmed, holding equitable tolling did not apply and the statutory actual-innocence exception was inapplicable.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Martell) | Held |
|---|---|---|---|
| Whether equitable tolling can extend the one-year deadline for postconviction relief based on COVID-19 and counsel disciplinary sanctions | No; Martell did not show good cause or the high burden needed for equitable tolling | Yes; extraordinary circumstances (COVID closures and counsel disciplinary sanctions) prevented timely filing | Denied — equitable tolling not warranted; prison access and continued court operations undercut the claim; Martell knew of counsel issues before the deadline |
| Whether the statutory exception for newly discovered evidence/actual innocence (§ 46-21-102(2), MCA) applies | Does not apply — no newly discovered evidence of actual innocence presented | N/A / No qualifying newly discovered evidence shown | Not applicable — statutory actual-innocence exception does not apply |
Key Cases Cited
- Marble v. State, 355 P.3d 742 (2015) (explains standard of review for district court findings and conclusions)
- Davis v. State, 187 P.3d 654 (2008) (recognizes equitable tolling may apply to toll the one-year postconviction deadline and that court reviews tolling decisions de novo)
- State v. Redcrow, 980 P.2d 622 (1999) (articulates the "clear miscarriage of justice" standard for applying equitable tolling)