Rukes v. State

¶1 Jack Rukes appeals the Fourth Judicial District Court’s order dismissing his Petition for Post-Conviction Relief. The dispositive issue on appeal is whether the District Court erred in dismissing the petition. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 On May 27, 2009, Rukes was arrested and taken to the Missoula County Detention Center based on alleged criminal conduct including the assault of his wife. At the detention center, Officer Stacy Lear did not record her interview with Rukes, but instead took notes which she later converted into a written report to be used in evidence. Rukes…