Di ORIGINAL 

IN THE SUPREIVIE COURT OF THE STATE OF MONTANA 

OP 24-0458 

ANTHONY WAYNE SHULL, 

Petitioner, 

v. 

ORDER 

SGT. BRADLEY BRAGG, 

LEWIS AND CLARK COUNTY 

DETENTION CENTER, 

Respondent. 

ALE 

AUG 2 0 2024 

Bowen Cireenwood 

Clerk of Supreme Court State of Montana 

Anthony Wayne Shull has filed a Petition for Writ of Habeas Corpus, indicating that 

the Department of Corrections (DOC) has incorrectly calculated his sentence, which 

illegally extends his parole eligibility or discharge dates. Shull is currently detained in the 

Lewis and Clark County Detention Center. 

Shull explains that he received 111 days of dead time "for an alleged Escape from 

7/18/2016 to 11/5/2016." He includes a part of his sentence calculation, titled Good Time 

Calculation Form, yet Shull did not provide this Court with a complete sentence calculation 

for review. He contends that "this sentence increase is undue and illegal[,]" putting forth 

that a court or the Board of Pardons and Parole (Board) did not order it. Shull states that 

because it was not ordered by a legal authority and because he was not convicted of escape, 

he should not be incarcerated. He requests that the DOC recalculate his sentence. 

By way of background, on March 5, 2015, the Flathead County District Court 

sentenced Shull to the Montana State Prison (MSP) for two counts of felony burglary to 

consecutive, ten-year terms. The second consecutive term had eight years suspended. The 

District Court also sentenced Shull for felony theft to MSP for a consecutive five-year, 

suspended terrn and stated that the net effect would be a twenty-five-year prison term with 

08/20/2024

Case Number: OP 24-0458
thirteen years suspended (Flathead County sentences). Shull appealed the court's denial 

of his motion to withdraw his guilty plea, and we affirmed. State v. Shull, 2016 MT 264N, 

in 2, 8, 2016 Mont. LEXIS 922 (Oct. 18, 2016). 

Available electronic records indicate that on February 5, 2018, the Powell County 

District Court issued an Order granting Shull's motion to dismiss for lack of a speedy trial. 

The State had charged Shull with escape after fleeing from Connections Corrections on 

July 18, 2016, and eluding official detention. The court issued an arrest warrant for Shull, 

and he was apprehended in Lake County on November 5, 2016, on other charges. The 

warrant was served two days later. The District Court granted the motion to dismiss 

because of the "negligent delar caused by the State. 

Shull had several appearances before the Board after February 2018. On June 26, 

2018, the Board denied his parole, ordering that he have chemical dependency treatment, 

and setting an annual review in June 2019. In June 2019, the Board denied his parole and 

set a reappearance for November. In November 2019, the Board granted parole, contingent 

upon completion of placement at a pre-release center and other conditions of release. The 

Board revoked his parole at a December 14, 2020 hearing because of multiple violations. 

The Board did not impose any dead time, but noted that Shull had absconded supervision 

again. 

Shull cannot show that his due process rights have been violated because he received 

notice of his probationary conditions and his subsequent violation. Shull was under the 

DOC' s supervision in.2016 for his Flathead County sentences. Section 46-23-1011, MCA. 

According to Montana statutes, he would have received a copy of his conditions that he 

had to sign. Section 46-23-1011(3), MCA. Shull absconded from supervision. Section 

46-23-1001(1), MCA. Shull received notice that he violated probationary conditions with 

the service of his arrest warrant on November 7, 2016. I Section 46-23-1012(1), MCA. 

While Shull is correct that he was not convicted of escape, he was charged with the offense 

All definitions, including dead time, were repealed in July 2022. Admin. R. M. 20.25.202 (2016), 

repealed 2022 MAR p.1194, effective Jul. 9, 2022. 

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because he could not be located. Shull did not serve the time from July 18, 2016 until 

November 5, 2016. The DOC has legal, statutory authority to require Shull to serve the 

111 days that he did not serve in 2016 for his Flathead County sentences. 

Shull has not demonstrated that the DOC should recalculate his sentence. He has 

not demonstrated illegal incarceration. Section 46-22-101(1), MCA. Therefore, 

IT IS ORDERED that Shull'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 

Anthony Wayne Shull personally. 

DATED this abt of August, 2024. 

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