Smith v. State

¶1 Ronald Allen Smith appeals from the dismissal of his petition for postconviction relief by the Eleventh Judicial District Court, Flathead County. We affirm.

¶2 We restate the issues as follows:

¶3 1. Did the District Court err in ruling that Smith is procedurally barred from raising the issue of the constitutionality of Montana’s statutory scheme of selecting substitute judges as applied to his case?

¶4 2. Did the District Court err in failing to grant Smith a hearing so he could present evidence that Judge Larson’s post-sentencing actions show bias toward him and his counsel?

Background

¶5…