(hail NAL

IN THE SUPREME COURT OF THE STATE OF MONTANA

DARRIN LELAND REBER,

Petitioner,

v.

PETER BLUDWORTH,

Respondent.

OP 21-0210

I D

1 8 2021'

ORDER

nwood

Court

,onnta na

Self-represented Petitioner Darrin Leland Reber has filed a verified Petition for Writ

of Habeas Corpus, challenging the jurisdiction of the Fourth Judicial District Court,

Missoula County. Reber raises eighteen claims and concludes that he is illegally and

unlawfully incarcerated. Reber also filed a Motion for Summary Judgment and states that

the Attomey General shall file a response due to his Motion.

On July 11, 2017, the Missoula County District Court revoked Reber's 2014

sentence for the conviction of criminal possession of dangerous drugs with intent to

distribute and imposed a five-year unsuspended commitment to the Department of

Corrections (DOC) (Cause No. DC 14-189) (sentence upon revocation). Reber received

two other sentences on that day. The District Court sentenced Reber for two separate

counts of criminal possession of dangerous drugs with intent to distribute to the DOC for

twenty years with fifteen years suspended (Cause Nos. DC 16-548 and 17-202) (2017

sentences). A11 sentences were to run concurrently.

Reber did not appeal his sentence upon revocation, but through counsel, he appealed

the 2017 sentences. We consolidated his appeals upon his counsel's motion. State v.

Reber, Order (Mont. Sept. 18, 2018) (No. DA 17-0578 consolidated under DA 17-0577).

His counsel moved to withdraw representation, pursuant to § 46-8-103(2), MCA, and

Anders v. Ca., 386 U.S. 738, 87 S. Ct. 1396 (1967), filing a supporting brief. Reber filed

05/18/2021

Case Number: OP 21-0210
an eighty-seven-page response. We allowed his appeal to proceed, only later to dismiss it

with prejudice for failure to file his opening brief after being given additional time and

directed to do so. State v. Reber, No. DA 17-0577 Order (Mont. May 8, 2019).

In 2020, Reber sought to appeal the 2017 sentences by filing two verified Petitions

for an Out-of-Time Appeal, seeking to exhaust his remedies. We explained that he had

exhausted his appeal remedies with this Court for those sentences.

Reber cannot seek another appeal of the same underlying cases a year and

half later with this Court. These May 8, 2019 Orders were final. M. R. App.

P. 19(2). "Under the doctrine of law of the case, a prior decision of this Court

resolving a particular issue between the same parties in the same case is

binding and cannot be relitigated." State v. Gilder, 2001 MT 121, ¶ 9, 305

MOnt. 362, 28 P.3d 488 (citation omitted). While this Court did not decide

any issues, we decided that his appeal should be dismissed because Reber

chose not to prosecute his appeal. We have applied the doctrines of law of

the case and res judicata, meaning something that has already been

adjudicated, to support this Court's practice "generally to refuse to reopen

what has been decided[t Gilder, ill¶ 9, 11 (citation omitted). Reber has

provided no legal authority to circumvent res judicata and cannot now have

a "second bite' of the same apple.

State v. Reber, No. DA 20-0598, Order, at 1-2 (Mont. Dec. 29, 2020).

As a threshold matter concerning his instant Petition, Montana Rules of Civil

Procedure, such as a motion for summary judgment under M. R. Civ. P. 56, do not apply

_ to original proceedings in this Court. See M. R. Civ. P. 1 (these rules are limited in scope

to district court proceedings). Reber mentions a 12(b)(6) motion in his instant Petition; M.

R. Civ. P. 12(b)(6) does not apply here either. We also point out that Reber's citations to

federal case law and the Federal Rules of Civil Procedure (FRCP) are unavailing and do

not advance his arguments. Lastly, the Attorney General would only respond to a petition,

such as Reber's, upon this Court's order, directing it to do so. M. R. App. P. 14(7)(a).

Under the statute for habeas corpus relief, "every person imprisoned or otherwise

restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into

the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment

or restraint." Section 46-22-101(1), MCA.

2
Reber requests dismissal of the charges and dismissal with extreme prejudice of the

cases in the Missoula County District Court. He lists eighteen claims: (1) invocation of his

natural rights under the supreme law of the land; (2) his status as "a man of GOD, a living

soul, natural born, of flesh and blood," etc.; (3) the State of Montana has no standing

because it is not a living man or woman; (4) fraud vitiates all, including contracts; (5) fraud

committed by the court and "de facto government"; (6) "man and living soul upon the

LAND"; (7) "right of self-determination"; (8) "Sui Juris" status; (9) "NOT a PERSON" or

U.S. CITIZEN; (10) "natural, free born Sovereign, without subjects"; (11) "exercise Right

of Avoidance% (12) "no valid contracr because of fraud; (13) no crime because no injury

to "another soul"; (14) "NOTICE' of "' Net Retentions' "; (15) Fourth Judicial District is a

"FOREIGN STATE"; (16) "NOTICE' that his affidavit must be challenged within 21 days

"point by point"; (17) demand that his three case are dismissed; and (18) no affording of

his rights during the criminal process.

Reber has raised the same or similar claims in both the Missoula County District

Court and this Court. Reber's appellate counsel pointed out in the Anders brief that the

only potential viable claim on appeal was the District Court's denial of Reber's January 31,

2017 Demand and Dismissal, asserting twelve grounds for relief in his motions. These

twelve grounds were summarized as: (1) alleging that no complaining party existed; (2) the

State of Montana lacks standing; (3) the District Court is acting as an administrative officer;

(4) the court lacks jurisdiction to proceed; (5) all statutes are bills of attainder, banned by

the U.S. Constitution; (6) the statutes for Reber's offenses are unconstitutional; (7) the

District Court has a conflict of interest because it is employed by the State of Montana

judicial branch, violating Reber's due process rights; (8) lack of jurisdiction to proceed;

(9) Reber is a state citizen and his rights cannot be impaired by legislative or judicial acts;

(10) jurisdiction must be plead; (11) insufficient pleading existed to determine a contract;

and (12) the District Court Judge did not comply with 5 U.S.C. § 3331 law. His counsel

concluded that his grounds were not based in law or fact and that his appeal should not

proceed.
We conclude that Reber's criminal cases have already been decided and that they

need not be reopened. Gilder, ¶ 11. Reber is not entitled to dismissal of the charges or

dismissal of these three criminal cases. We point out that his claims are beyond the scope

of a petition for habeas corpus relief, and we do not need to address "point by point". his

claims. Moreover, he is precluded from challenging his convictions and sentences because

he has exhausted the remedy of appeal. The companion habeas corpus statute precludes

Reber's Petition from proceeding here. "The writ of habeas corpus is not available to attack

the validity of the conviction or sentence of a person who has been adjudged guilty of an

offense in a court of record and has exhausted the remedy of appeal." Section 46-22-

101(2), MCA. -Reber appealed the 2017 sentences, raising the same or similar claims

throughout all his proceedings. Even though he did not appeal his 2014 sentence upon

revocation, he is precluded from challenging it now through habeas corpus.

Reber has not demonstrated that he is illegally incarcerated. His sentences are

facially valid. Section 46-22-101(1), MCA. Reber's claims lack merit, and he cannot

attempt to relitigate such claims through this remedy. Section 46-22-101(2), MCA; Gilder,

10. Accordingly,

IT IS ORDERED that Reber's Petition for Writ of Habeas Corpus is DENIED and

DISMISSED.

The Clerk is directed to provide a copy of this Order to counsel of record and to

Darrin Leland Reber personally.

DATED this 16 day of May, 2021.

4

Chief Justice
5