In Re Provencher

The petitioner is under sentence and in confinement for escape from jail. He pleaded guilty to the offense, but now, by the postconviction relief petition, questions the lawfulness of his confinement. After hearing, having found the facts, the lower court denied the petition.

The fact of the escape from jail is not questioned. Instead, the petitioner argues that his breakout was justifiable, or at least excusable. He seeks invalidation of his conviction and release from confinement on the gounds that his detention at the time of his escape was itself illegal.

As is the case in so many areás of…