Opinion
11-CR-301
01-27-2012
Richard Morin, Petitioner v. State of Maine, Respondent
ORDER (Motion to Dismiss)
This matter is before the Court on Respondent's Motion to Dismiss Petitioner's request for post-conviction relief. In this action, Petitioner maintains that he has not received the proper amount of good time credit on the forty-two month sentence that he is serving on a probation revocation. Based on the affidavit of Patricia Mullen, which is uncontroverted, the dispute is limited to the amount of good time credit allowed for October 2010, when Petitioner received 3 days of good time credit rather than the 5 days to which Petitioner believes he is entitled.
Through its motion, Respondent argues, among other things, that Petitioner's request is barred because Petitioner previously filed a petition for post-conviction relief, which petition was denied. 14 M.R.S. § 2128(3) (2010) provides, "[a]ll grounds for relief from a criminal judgment or from a post-sentencing proceeding shall be raised in a single post-conviction review action and any grounds not so raised are waived unless the State or Federal Constitution otherwise requires or unless the court determines that the ground could not reasonably have been raised in an earlier action."
In February 2011, Petitioner filed a request for post-conviction relief. The Court dismissed the petition on March 21, 2011. Petitioner filed the present petition on April 21, 2011. The record establishes that as of January 2011, prior to the filing of the first petition, Petitioner was aware of the good time credit granted to him for October 2010. Petitioner was aware, therefore, of the ground asserted in this petition at the time he filed the first petition for post-conviction relief.
Because Petitioner knew of the good time credit that he was allowed for October 2010 before he filed his first petition for post-conviction relief, Petitioner cannot now cite in this action the State's failure to grant him proper good time credit for October 2010. See 14 M.R.S. § 2128(3) (2010). Accordingly, the Court grants Respondent's Motion to Dismiss, and dismisses the petition for post-conviction relief.
The Clerk shall incorporate this Order into the docket by reference.