Morin V. State of Maine

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STATE OF MAINE KENNEBEC, ss. SUPERIOR COURT Docket No. 11-CR-301 ) JtrJ- rcJJ- t/L7/2oJz,_ Richard Morin, Petitioner v. ORDER (Motion to Dismiss) State of Maine, Respondent This matter is before the Court on Respondent's Motion to Dismiss Petitioner's request for post-conviction relief. In this action, Petitioner maintains that he has not received the proper amount of good time credit on the forty-two month sentence that he is serving on a probation revocation. Based on the affidavit of Patricia Mullen, which is uncontroverted, the dispute is limited to the amount of good time credit allowed for October 2010, when Petitioner received 3 days of good time credit rather than the 5 days to which Petitioner believes he is entitled. Through its motion, Respondent argues, among other things, that Petitioner's request is barred because Petitioner previously filed a petition for post-conviction relief, which petition was denied. 14 M.R.S. § 2128(3) (2010) provides, "[a]ll grounds for relief from a criminal judgment or from a post-sentencing proceeding shall be raised in a single post-conviction review action and any grounds not so raised are waived unless the State or Federal Constitution otherwise requires or unless the court determines that the ground could not reasonably have been raised in an earlier action." In February 2011, Petitioner filed a request for post-conviction relief. The Court dismissed the petition on March 21, 2011. Petitioner filed the present petition on April 21, 2011. The record establishes that as of January 2011, prior to the filing of the first petition, Petitioner was aware of the good time credit granted to him for October 2010. Petitioner was aware, therefore, of the ground asserted in this petition at the time he filed the first petition for post-conviction relief. Because Petitioner knew of the good time credit that he was allowed for October 2010 before he filed his first petition for post-conviction relief, Petitioner cannot now cite in this action the State's failure to grant him proper good time credit for October 2010. See 14 M.R.S. § 2128(3) (2010). Accordingly, the Court grants Respondent's Motion to Dismiss, and dismisses the petition for post-conviction relief. The Clerk shall incorporate this Order into the docket by reference. Dated: 1jz7(1'-- ~ J RICHARD MORIN SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2011-00301 vs STATE OF MAINE DOCKET RECORD PL. DOB: 12/03/1975 PL. ATTY: ROBERT RUFFNER ROBERT J RUFFNER ATTORNY AT LAW 415 CONGRESS STREET, SUITE 202 PORTLAND ME 04101 APPOINTED 06/20/2011 Filing Document: PETITION Filing Date: 04/21/2011 State's Attorney: DIANE SLEEK Major Case Type: POST CONVICTION REVIEW Charge(s) Docket Events: 04/27/2011 FILING DOCUMENT - PETITION FILED ON 04/21/2011 06/15/2011 POST CONVIC. REVIEW - ASSIGNMENT ASSIGNED TO JUSTICE ON 06/14/2011 JOHN NIVISON , JUSTICE 06/15/2011 POST CONVIC. REVIEW - ASSIGNMENT ASSIGNED TO DOCKET ON 06/06/2011 WILLIAM R ANDERSON , JUSTICE 06/21/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 06/20/2011 06/21/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 06/20/2011 ROBERT E MURRAY JR, JUSTICE COPY TO PARTIES/COUNSEL 06/21/2011 Party(s): RICHARD MORIN ATTORNEY - APPOINTED ORDERED ON 06/20/2011 Attorney: ROBERT RUFFNER 09/15/2011 POST CONVIC. REVIEW PCR CONFERENCE SCHEDULED FOR 10/11/2011 at 11:45 a.m. 09/15/2011 POST CONVIC. REVIEW - PCR CONFERENCE NOTICE SENT ON 09/15/2011 10/12/2011 POST CONVIC. REVIEW - PCR CONFERENCE FTA ON 10/11/2011 ROB RUFFNER NEVER CALLED IN. 10/12/2011 POST CONVIC. REVIEW- PCR CONFERENCE SCHEDULED FOR 10/21/2011 at 08:30a.m. JOHN NIVISON , JUSTICE 10/12/2011 POST CONVIC. REVIEW PCR CONFERENCE NOTICE SENT ON 10/12/2011 10/21/2011 POST CONVIC. REVIEW PCR CONFERENCE HELD ON 10/21/2011 JOHN NIVISON , JUSTICE Attorney: ROBERT RUFFNER DA: PAUL RUCHA 11/01/2011 ORDER - COURT ORDER FILED ON 10/26/2011 JOHN NIVISON , JUSTICE SCHEDULING ORDER: FOLLOWING A TELEPHONE CONFERENCE WITH COUNSEL ON OCTOBER 21, 2011 THE COURT ORDERS: 1) ON OR BEFORE OCTOBER 28, 2011, PETITIONER SHALL FILE AN AMENDED PETITION. 2) ON NOVEMBER 10, 2011, RESPONDENT SHALL FILE ITS WRITTEN RESPONSE, INCLUDING ANY MOTIONS THAT IT INTENDS TO FILE, TO THE AMENDED PETITION. CR_200 Page 1 of 2 Printed on: 01/30/2012 STATE OF MAINE AUGSC-CR-2011-00301 DOCKET RECORD 11/01/2011 ORDER - COURT ORDER ENTERED ON 10/24/2011 11/09/2011 SUPPLEMENTAL FILING 11/09/2011 OTHER FILING - AMENDED PETITION FILED ON 11/08/2011 OTHER DOCUMENT FILED ON 11/09/2011 DA: PAUL RUCHA BASED ON THE AMENDED PETITION, THE PETITIONER'S ALLEGATIONS INVOLVE THE DOC. AT THE PRETRIAL CONF., PAUL RUCHA INFORMED BOTH JUSTICE NIVISON AND MR. RUFFNER THAT IF THE ONLY REMAINING ALLEGATION WAS GOOD TIME, THAT THE STATE WOULD BE REPRESENTED BY DIANE SLEEK. SINCE THAT HAS COME TO FRUITION, PLEASE NOTE THAT DIANE SLEEK SHOULD BE THE ATTORNEY OF RECORD. PLEASE INFORM HER OF ANY FUTURE COURT EVENTS. 11/09/2011 Party(s): STATE OF MAINE ATTORNEY - RETAINED ENTERED ON 11/09/2011 Attorney: DIANE SLEEK 11/14/2011 MOTION - MOTION TO DISMISS FILED BY STATE ON 11/10/2011 DA: DIANE SLEEK 11/17/2011 OTHER FILING - OTHER DOCUMENT FILED ON 11/16/2011 AFFIDAVIT OF PATRICIA MULLEN 11/28/2011 HEARING - EVIDENTIARY HEARING SCHEDULED FOR 12/05/2011 at 01:00p.m. NOTICE TO PARTIES/COUNSEL 11/28/2011 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 11/28/2011 CERTIFIED COPY TO SHERIFF DEPT. 12/02/2011 HEARING - EVIDENTIARY HEARING NOT HELD ON 12/02/2011 01/17/2012 POST CONVIC. REVIEW - PCR CONFERENCE SCHEDULED FOR 01/20/2012 at 09:00 a.m. JOHN NIVISON , JUSTICE 01/30/2012 MOTION - MOTION TO DISMISS GRANTED ON 01/27/2012 JOHN NIVISON , JUSTICE COPY TO PARTIES/COUNSEL 01/30/2012 POST CONVIC. REVIEW PCR CONFERENCE HELD ON 01/20/2012 01/30/2012 ORDER - COURT ORDER FILED ON 01/27/2012 JOHN NIVISON , JUSTICE BECAUSE PETITIONER KNEW OF THE GOOD TIME CREDIT THAT HE WAS ALLOWED FOR OCTOBER 2010 BEFORE HE FILED HIS FIRST PETITION FOR POST CONVICTION RELIEF, PETITIONER CANNOT NOW CITE IN THIS ACTION THE STATE'S FAILURE TO GRANT HIM PROPER GOOD TIME CREDIT FOR OCTOBER 2010. ACCORDINGLY, THE COURT GRANTS RESPONDENT'S MOTION TO DISMISS, AND DISMISSED THE PETITION FOR POST CONVICTION RELIEF. 01/30/2012 ORDER - COURT ORDER ENTERED ON 01/27/2012 01/30/2012 FINDING - DISMISSED BY COURT ENTERED BY COURT ON 01/27/2012 A TRUE COPY ATTEST: Clerk CR_200 Page 2 of 2 Printed on: 01/30/2012

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