No. 91-097 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1991 

HOWARD L. BASHOR, 

Petitioner and Appellant, 

v. 

STATE OF MONTANA, 

Respondent and Respondent. 

APPEAL FROM: District Court of the Ninth Judicial District, 

In and for the County of Toole, 

The Honorable Kenneth R. Wilson, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Howard L. B 

For Respondent: 

Lodge, Montana 

Hon. Marc Racicot, Attorney General, Helena, Montana 

Deanne L. Sandholm, Assistant Attorney General, 

Helena, Montana 

Merle J. Raph, Toole County Attorney, Shelby, 

Montana - 

Submitted on briefs: August 1, 1991 
Justice Terry N. Trieweiler delivered the opinion of the Court. 

Howard L. Bashor appeals the order of the District Court of 

the Ninth Judicial District for Toole County, denying Bashor's 

petition for postconviction relief. We affirm the District Court. 

The sole issue presented for appeal is whether the District 

Court erred in denying appellant's petition. 

Appellant was convicted of deliberate homicide and sentenced 

to the Montana State Prison on September 13, 1978, for a term of 

30 years with 10 years suspended. He appealed his conviction in 

State v. Bashor (l98O), 188 Monk. 397, 614 P.2d 470, and this Court 

affirmed the conviction. 

Appellant filed a petition for postconviction relief in this 

Court on July 20, 1981. The petition was denied. Appellant then 

filed a petition for writ of habeas corpus with the United States 

District Court and that petition was denied. See, Bashor v. Risley 

(D.Mont 19821, 539 F.Supp. 259. Bashor appealed, and the Ninth 

Circuit Court of Appeals affirmed the decision of the District 

Court. See, Bashor v. Risley (19841, 730 F.2d 1228, cert. denied, 

469 U.S. 838. 

Appellant filed a petition for habeas corpus in this Court on 

June 24, 1985. We denied the petition on the ground that the 

claims could have been raised in the original petition for 

postconviction relief. Appellant proceeded to then file civil 

actions against the Board of Pardons and Parole in the United 

States District Court. These actions were dismissed. 
Appellant then filed a petition for postconviction relief in 

District Court on October 31, 1990, raising the same issues he had 

raised in his petition for state habeas corpus relief. A 

supplemental petition followed claiming that his good time 

allowance had not been correctly calculated. On January 18, 1991, 

the District Court denied the claims in the petition for 

postconviction relief for the reason that they had already been 

considered and dismissed by this Court. The supplemental petition 

was denied on the grounds that the court did not have jurisdiction 

over claims regarding good time calculations. This appeal 

followed. Appellant does not appeal the decision on the 

supplemental petition. 

As noted by the District Court, the matters raised by the 

appellant in his petition for postconviction relief have been 

previously considered or are procedurally barred. Appellant's 

first two claims, alleging illegal arrest and illegal search and 

seizure, could have been raised on appellant's 1980 appeal to this 

Court, but were not. Under the provisions of 5 46-21-105, MCA, 

they were, therefore, waived. State v. Gorder (1990), 243 Mont. 

333, 792 P.2d 370. Appellant is procedurally barred from raising 

those claims in a petition for postconviction relief. 

Appellant's third claim, alleging ineffective assistance of 

counsel, was previously considered and denied in his original 1981 

petition for postconviction relief. We conclude that the lower 
court properly denied appellant's petition and hereby affirm the 

District Court. 

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 

with the Clerk of the Supreme Court and by a report of its result 

to Montana Law Week, State Reporter, and West Publishing Company. 

We concur: 
August 20, 1991 

CERTIFICATE OF SERVICE 

I hereby certify that the following order was sent by United States mail, prepaid, to the 

following named: 

Howard L. Bashor 

700 Conley Lake Rd. 

Deer Lodge, MT 59722 

Hon. Marc Racicot, Attorney General 

Deanne Sandholm, Asst. Attorney General 

Justice Bldg. 

Helena, MT 59620 

Merle J. Raph 

Toole County Attorney 

P.O. Box 730 

Shelby, MT 59474 

ED SMITH 

CLERK OF THE SUPREME COURT 

STATE OF MONTANA