Reginald Adgerson v. State.

2007 MT 336, 174 P.3d 475, 340 Mont. 242, 2007 Mont. LEXIS 588
CourtMontana Supreme Court
DecidedDecember 13, 2007
DocketDA 06-0411
StatusPublished
Cited by10 cases

This text of 2007 MT 336 (Reginald Adgerson v. State.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reginald Adgerson v. State., 2007 MT 336, 174 P.3d 475, 340 Mont. 242, 2007 Mont. LEXIS 588 (Mo. 2007).

Opinions

CHIEF JUSTICE GRAY

delivered the Opinion of the Court.

¶1 Reginald Bernard Adgerson (Adgerson) appeals from the order entered by the First Judicial District Court, Lewis and Clark County, denying his petition for postconviction relief. We affirm.

¶2 Adgerson contends that the District Court erred in denying his postconviction relief petition and raises two issues in support of that [244]*244contention:

¶3 1. Did the District Court err in failing to grant Adgerson’s postconviction petition on the basis that the trial court abused its discretion in admitting evidence of other crimes, wrongs or acts at trial?

¶4 2. Did the District Court err in concluding that Adgerson received effective assistance of appellate counsel?

BACKGROUND

¶5 In 2002, a jury convicted Adgerson of felony stalking for conduct he directed toward his ex-wife between the months of March and July of 2001. He appealed from the judgment on his conviction, raising three issues: 1) whether the trial court erred by failing to recuse itself and whether the prosecutor for the State of Montana (State) committed misconduct by failing to remove his office as prosecutor; 2) whether Adgerson was denied effective assistance of trial counsel; and 3) whether the trial court erred in denying his motion to dismiss based on his assertion that the statute defining the offense of stalking is unconstitutional. See State v. Adgerson, 2003 MT 284, ¶¶ 6-9, 318 Mont. 22, ¶¶ 6-9, 78 P.3d 850, ¶¶ 6-9. We declined to address the first issue because Adgerson failed to properly preserve it for appeal. Adgerson, ¶ 14. We also declined to address the second issue because Adgerson’s ineffective assistance of trial counsel claim was not sufficiently record-based. Adgerson, ¶¶ 21-22. With regard to the third issue, we concluded Adgerson had not established that Montana’s stalking statute was unconstitutional and, therefore, the District Court did not err in denying his motion to dismiss on that basis. We affirmed Adgerson’s conviction. Adgerson, ¶ 29.

¶6 In October of 2004, Adgerson-acting on his own behalf-timely petitioned for postconviction relief in the District Court. The District Court appointed counsel to represent Adgerson in the proceeding and his counsel filed an amended postconviction relief petition raising two claims: 1) that Adgerson’s appellate counsel rendered ineffective assistance by failing to raise the issues of whether the trial court erred in admitting other crimes evidence at trial and whether the jury was properly instructed regarding rendering a unanimous verdict on appeal; and 2) that Adgerson’s right to due process of law under the Montana and United States Constitutions was violated when the trial court and prosecutor in the underlying criminal proceeding refused to recuse themselves from the case. Adgerson and the State both briefed their respective positions, and Adgerson’s appellate counsel filed an [245]*245affidavit in response to Adgerson’s ineffective assistance of appellate counsel claim. In its order denying Adgerson’s petition, the District Court concluded he failed to establish ineffective assistance by appellate counsel and his remaining claims were procedurally barred under § 46-21-105(2), MCA. Adgerson appeals.

STANDARD OF REVIEW

¶7 In reviewing a district court’s denial of a petition for postconviction relief, we determine whether the district court’s findings of fact are clearly erroneous and its conclusions of law correct. State v. Evert, 2007 MT 30, ¶ 12, 336 Mont. 36, ¶ 12, 152 P.3d 713, ¶ 12.

DISCUSSION

¶8 1. Did the District Court err in failing to grant Adgerson’s postconviction petition on the basis that the trial court abused its discretion in admitting evidence of other crimes, wrongs or acts at trial?

¶9 In the underlying criminal proceeding, the State charged Adgerson with felony stalking based on actions which he committed between the months of March and July of 2001. Before trial, the State filed a notice of its intent to present evidence at trial regarding Adgerson’s conduct and criminal convictions prior to March of 2001. The State asserted the evidence was admissible under M. R. Evid. 404(b) and our decision in State v. Just, 184 Mont. 262, 602 P.2d 957 (1979), as modified in State v. Matt, 249 Mont. 136, 814 P.2d 52 (1991), because it tended to establish the existence of a common scheme by Adgerson to harass and terrify the victim. In response, Adgerson moved in limine to preclude admission of the evidence. The trial court denied Adgerson’s motion in part and granted it in part, and allowed the State to present the prior crimes and acts evidence under specified conditions. Adgerson did not challenge the court’s decision in this regard in his direct appeal.

¶10 In his memorandum in support of his postconviction relief petition, Adgerson argued extensively that the trial court abused its discretion by admitting the other crimes/acts evidence at trial in order to lay a foundation for his claim that he received ineffective assistance of appellate counsel. In its response brief, the State asserted that § 46-21-105(2), MCA, barred Adgerson from directly challenging the trial court’s evidentiary ruling via postconviction proceedings. On appeal, Adgerson contends the District Court erred by not granting his petition [246]*246based on the trial court’s erroneous evidentiary ruling and the State again responds that his challenge to the trial court’s ruling is procedurally barred. We agree with the State.

¶11 “When a petitioner has been afforded the opportunity for a direct appeal of the petitioner’s conviction, grounds for relief that were or could reasonably have been raised on direct appeal may not be raised, considered, or decided in a [postconviction relief proceeding].” Section 46-21-105(2), MCA. Alleged errors committed by a district court during trial which ostensibly affect the outcome of a case must be raised on direct appeal. See State v. Woods, 2005 MT 186, ¶ 30, 328 Mont. 54, ¶ 30, 117 P.3d 152, ¶ 30. Thus, a trial court’s allegedly erroneous evidentiary ruling regarding admission of other crimes/acts evidence at trial is an issue which must be raised on direct appeal rather than via a postconviction relief proceeding. We conclude that Adgerson’s direct challenge to the trial court’s admission of other crimes/acts evidence is procedurally barred by § 46-21-105(2), MCA.

¶12 Adgerson also presents a passing argument that we should address this claim under our common law doctrine of plain error review. However, we consistently apply the statutory procedural bar “in order to prevent the abuse of postconviction relief by criminal defendants who would substitute those proceedings for direct appeal.” Ford v. State, 2005 MT 151, ¶ 14, 327 Mont. 378, ¶ 14, 114 P.3d 244, ¶ 14. While an exception to this procedural bar exists where a postconviction petitioner demonstrates a fundamental miscarriage of justice, the exception only applies to claims alleging newly discovered evidence which establishes that the petitioner did not commit the underlying offense. Evert, ¶ 16. Adgerson does not allege the existence of newly discovered evidence and provides no authority for his contention that our common law plain error doctrine may be applied in postconviction proceedings.

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Reginald Adgerson v. State.
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Cite This Page — Counsel Stack

Bluebook (online)
2007 MT 336, 174 P.3d 475, 340 Mont. 242, 2007 Mont. LEXIS 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reginald-adgerson-v-state-mont-2007.