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R. Bullock v. P. Bludworth
03/16/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 21-0096
OP 21-0096
RUSSELL W.BULLOCK, MAR 1 6 2021 Petitioner, Bowen Greenwood Clark of Supreme Court State of Montana !En v. ORDER PETE BLUDWORTH, Warden, Crossroads Correctional Center,
Respondent.
Russell W. Bullock has filed a Petition for a Writ of Habeas Corpus and included copies of transcripts from his underlying criminal proceeding. Bullock raises various issues, such as sufficiency ofthe evidence,Bradyl and speedy trial violations, ranging from the pre-trial hearings to his jury trial. He also challenges the expert witness and claims ineffectiveness of counsel. This Court is familiar with Bullock's underlying proceeding. In 2015, Bullock appealed his jury convictions for sexual intercourse without consent and burglary from the Gallatin County District Court. He raised four issues. We affirmed and remanded the matter to correct the user surcharge amount as raised in the fourth issue. State v. Bullock, 2017 MT 182, 388 Mont. 194, 398 P.3d 881. We concluded that Bullock was not denied his right to a speedy trial. Bullock,1 16-27. In 2018, Bullock sought postconviction relief in the District Court. The court denied his petition for postconviction relief as untimely. Bullock appealed, and we affirmed. Bullock v. State, No. DA 19-0087, 2020 MT 57N, ¶¶ 2, 8, 2020 Mont. LEXIS 718. Upon review, Bullock is relitigating his criminal convictions in his instant Petition. He does not raise any issues concerning the illegality of his sentences.
I Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194(1963).
Section 46-22-101(1), MCA. Bullock is precluded from challenging his convictions because of his initial appeal. Section 46-22-101(2), MCA. The issues he raises now are more appropriate for a direct appeal or through a petition for postconviction relief, both of which he has had. State v. Wright, 2001 MT 282, ¶ 37, 307 Mont. 349, 42 P.3d 753. Having sought such relief over the last several years, Bullock is barred from raising these issues now in his petition for habeas corpus relief. Therefore, IT IS ORDERED that Bullock's Petition for a Writ of Habeas Corpus is DENIED. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to counsel ofrecord and to Russell W. Bullock personally. DATED this \,1. —day of March, 2021.
Chief Justice
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