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Jeremy Patrick Opie v. Shawn Wead, Warden, et al.
IFP petition · Supreme Court of Montana, No. OP 25-0563 · judgment September 9, 2025
Question presented
2 Petitioner asks the Court the following questions: 3 Does a court have the obligation to address the specific argument 4 presented in a petition for writ of habeas corpus in order to preserve the 5 petitioner's rights to due process and of access to the courts? And, 6 Is a sentencing court obligated under the Fourteenth Amendment and 7 Fifth amendment right to due process to comply with ALL mandatory 8 statutory provisions (state created liberty interest) prior to sentencing 9 an offender? And, 10 Is it a violation of an offender's right to due process to pronounce 11 an adult prison sentence without first defining the conviction of a crime? 12 And, 13 Does the sentencing of an adult to seven years of incarceration 14 after the adjudication for juvenile behavior had expired represent double 15 jeopardy? 16 All of the above, although separate questions that need to be 17 addressed, are intrinsically linked due to the lower courts' decisions. 18 Thus, Opie is unable to present discrete arguments for each. He prays the 19 court grants him latitude in this regard and view the argument in its 20 entirety when considering this petition. 21 22 23 24 25 26 27
Counsel of record
For petitioner
Jeremy Patrick Opie
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- May 18 2026Petition DENIED.
- Apr 29 2026DISTRIBUTED for Conference of 5/14/2026.
- Nov 25 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2026)