PETITION OF MANULA
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF MONTANA No. IN RE THE PETITION 93-517 OF WALTER JAMES MANULA James Manula postconviction denied his ruling is (Petitioner) relief. right also has an in his petition things, We disagree, of Petitioner's herein among other appeal. dispositive impression filed He claims, to relief. OPINION AND ORDER i ) other that and for his petition claims presents an for he was conclude that postconviction issue of first Montana. Backqround In August 1990, Beaverhead County intercourse without both felonies 1990. not including October and appointed 1990. DC 90-2355 in charges with No. counsel Petitioner guilty appointed mischief. and of in sexual kidnapping, August counsel, 16, pled on bond. 90-2364 without count on or about committed DC information of aggravated with Petitioner intercourse criminal court by one and was released Cause and was found charged to have been committed on bond, County sexual kidnapping same those was and one count appeared free Beaverhead No. consent alleged to While 1991, Cause Petitioner guilty Petitioner and was charged with consent, other incest, Petitioner appeared pled not guilty to stood trial on those on all counts those by a jury. charges in felonies aggravated with charges in the in July Prior entered to into sentencing a plea the outstanding to recommend of jury for requirements and his As a release of "Acknowledgement agreed-upon waiving terms by also charges in In of right in other and 1991, forth the Petitioner The plea "Alford" to Petitioner, guilty sentencing the plea to 40 to was agreement plea The with to appeal, On October the to although Court the was 20 barred the both causes suspended, years non- noted that, was from 90-2355. adopted on Petitioner not obtain changed DC Court specifically agreement, he No. Petitioner with can counsel, District sentenced imprisonment plea Cause the and District in State with charges hearing, years' the appearing the agreement believe an a jury." October "I executed which handwritten from dangerous. accordance various setting agreement. Petitioner's a action appeal incarceration form plea the DC 90-2355: Following of Rights" rights No. plea terms by in and Petitioner specific verdict a guilty his of the into Cause action 90-2364 his agreement, Waiver entering contained plea and agreed a direct abide of parole. the of of DC to dispose State causes pursue to to The No. Cause Petitioner order to attendant on in both not agreement conditions part in in 90-2364, DC 90-2355. agreement his State No. sentences convictions DC No. the Cause Petitioner's consideration following with in specific for Cause agreement charges exchange his in waiving pursuing in his sentence review. 14, 1993, Petitioner 2 filed this petition for postconviction right relief to appeal, incarceration claims alleging, to being out of his reason not of the the Denial of first courts have upon entry waiver right to of that understanding appeal right is of the of (9th States v. Bolinger States v. Navarro-Botello (4th 817 F.2d 201; 264 968; 1990), 905 Cal. collected v. 1987), Rep. v. at That is a part his of right Montana, as with other so 980 F.2d 1990), as States United 480, and United 318, 319, v. Wiggins (5th Cir, 1987), Johnson v. United Nichols (Ill. 1986), 493 NE 2d 677; State v. 250; People v. Olson (Cal. App. Ct. Seaberg (N.Y. 1989), People Rodriguez v. (Mich. 89 ALR 3d 864. 1991), 321- States 51; 817; an citing 582, 912 F.2d Lynaugh (7th his United F.2d States v. waiver and with 478, United rights long example, 940 F.2d Barnes federal a defendant's for plea to appeal. other invalidated (1992); his 737 P.2d 336: People 1488 by plea, 1992), Cir. appeal voluntarily 1991), (9th of that, See, Cir. Cir. 112 S.Ct. People (Wash. (9th denied Cir. in be consequences. other an appeal. waived rule not right as a guilty will and Cause No. DC 90-2364. file done intelligently, DeSantiago-Martinez cert -0 the his illegal evidence his Petitioner, adopted his to impression are waived which 22, attorney Here, of Appeal and in writing, an issue and state of in denial counsel, of he was denied his however. specifically While v. of lack convictions that failure case, agreement, of alleges of charged, jury I. Petitioner things, assistance ineffective prior arising among other Cir. 1988), 480 NW 2d 287; 838 F.2d Perkins 1989), 543 N.Y.S. and the 2d cases In the well instant aware that the plea he was forfeiting Not only agreement. Rights form which appeal any finding Attorney's waiver Furthermore, specific but plea of Rights the Beaverhead agreement, form, also of his convictions the State's entry attached the District with his case waiver the of the right was discussed Accordingly, right II. that procedurally Section signed discussed the right to appeal intelligent by the Ninth by the defendant Circuit contained and the record reflects with his here, Petiti.oner, and effectively an that counsel. waived appeal. Procedural his voluntary, by the defendant Bar of Other From Petitioner's follows of his and upheld of appeal, we hold that of direct the appeal client. waiver found the agreement waiver the waiver with appeal in DeSantiaso: express conforms made Court made regarding and cons of the waiver this the the agreement. he had thoroughly Petitioner's to unequivocally that that County under Cause No. DC into (counsel Petitioner's his advised understanding his to of We conclude in "..right waive hearing and counsel by executing of at the sentencing inquiry waiver, pros for of appeal was specifically of appeal a condition Petitioner of Waiver the of Waiver that his right Guilty...," offering Acknowledgement 90-2364 of reflects did the Acknowledgement he signed letter Petitioner's the record case, waiver other of his claims for Postconviction right 46-21-105(2), MCA, provides: 4 of direct postconviction barred. Claims appeal, relief it are When a petitioner the petitioner's could reasonably not be raised in We have prevent the who would order applied abuse has been conviction, have been the original that of those to preserve the See, for example, In 172, 819 P.2d P.2d 11; State v. State Martin v. (1989), Here, v. we hold MCA, postconviction from 419, that of 787 P.2d he is raising 246 333, right in Mont re Mont. 317, 370; 806 Duncan Petition of appeal, his of direct written procedurally his appeal. 250 792 P.2d in and 746. the right and direct (1990), In to defendants (1991), 331; order appeal and Evans 794 P.2d was afforded direct trial 243 Mont 232, that the McCormick in by criminal for Petition (1990), 243 Mont. waived Accordingly, 105(2), Tecca of the Petitioner consistently proceedings re 240 Mont. he voluntarily bar relief integrity Gorder (lPPl), statutory postconviction substitute 156; afforded a direct appeal of grounds for relief that raised on direct appeal may or amended petition. plea barred various agreement. under other 5 46-21- claims for relief. ORDER IT IS HEREBY postconviction Dated relief this Jsfi ORDERED should day that Petitioner's be and the of December, same is, petition hereby, 1993. Chief Justice for DENIED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
