Legal Opinion
Gyme Kelly v. State
Montana Supreme Court
Decided January 29, 2013No. DA 12-0217PublishedCited by 24 opinions
1Opinion of the CourtJustice Rice
¶1 Gyme Kelly (Kelly) appeals from the order of the Twentieth Judicial District Court dismissing his petition for postconviction relief. We affirm and address the issue:
¶2 Did the District Court err by dismissing Kelly’s postconviction relief petition as insufficiently pled?
FACTUAL AND PROCEDURAL BACKGROUND
¶3 On February 22, 2010, Poison Police Officer William Cleveland pulled Kelly over for speeding. Officer Cleveland ultimately arrested Kelly for Driving Under the Influence (DUI). Based on his previous DUI convictions, the State charged Kelly with felony DUI and also petitioned to revoke…
2Cases cited13 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Missouri v. FryeSupreme Court of the United States · 2012
- Thaddaeus Louis Turner v. Arthur Calderon, Warden, San Quentin State Prison Jeanne Woodford, Warden, as Warden of San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2002
- Robert R. Cuppett v. Jack R. Duckworth, Superintendent, Indiana State ReformatoryCourt of Appeals for the Seventh Circuit · 1993
- State v. LewisMontana Supreme Court · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Russell v. StateMontana Supreme Court · 2016
- Reinert v. StateMontana Supreme Court · 2020
- State v. S. LlamasMontana Supreme Court · 2017
- Bagnell v. StateMontana Supreme Court · 2018
- Clary v. StateMontana Supreme Court · 2015
19 more not listed; retrieve them via the Exa API.