DA-12-175/ DC-14-237A

Clifton Ray Oliver
DC-12-175/ DC-14-237A

Here is another case where the facts are irrelevant because of how this case was handled. Defendant Clifton Ray Oliver was denied a fair trial, EVEN IF IT WAS LEGAL TO CHARGE HIM IN THE FIRST PLACE!!

To start off with, the Federal District in Missoula declared Clifton Oliver incompetent to stand trial on these charges. When you are declared "incompetent" to stand trial by the Federal Courts for certain charges a State cannot over rule that federal court ruling - No State Court can over rule ANY Federal Court ruling. This is exactly what Missoula County Prosecutor Fred Valkenburg did to Defendant Clifton Ray Oliver.

Missoula County sent Mr Oliver to the State Hospital in Warm Springs for a "Second Opinion". That State Hospital found for the State. Go think...

Fast forward through the case, Mr Oliver took a plea deal. In which he would plead guilty to one charge and the State would dismiss the rest. --happens every day, no big deal--

When Mr. Oliver was being sentenced- on the same day he plead guilty, he asked about the dismissed charges, specifically, and if those charges could ever be brought up again. The Judge said "NO
"
His case - like every other case - was the State of Montana against Oliver. When the State dismissed those charges, the Whole State dismissed the charges. Those charges cannot be brought up again in any other court anywhere in Montana.

Again, fast forward, Defendant Oliver is in prison and has put a motion to withdraw his guilty plea, gut was given parole to a pre-release center.

Four days after given parole Mr Oliver was brought to court and found out Flathead county represented by Ed Corrigan, was charging Oliver with the charges Missoula County dismissed.....Remember Missoula county judge told Mr Oliver those charges could never be brought up again!!!!

Is Ed Corrigan telling Missoula County Judges they don't know the law ?? So now if this is not strange enough the "Special Prosecutor" brought up to Flathead to proscute this case (DC-14 237A) is Jennifer Clark - the very same Missoula County Prosecutor who tried the case the first time in Missoula !!


                                                        CAN THIS BE DONE?

 Is Jennifer Clark also telling Missoula County Judges they don't know the law or what charges cannot be dismissed?

Mr. Oliver, from prison, has put in seperate motions for appointment of counsel, preliminary hearing and suppression hearings. At the time that  Mr. Oliver left to go back to Missoula County, the Flathead County Judge  Lympus, with the  approval of Jennifer Clark and  Ed Corrigan, was ruling on Mr Olivers's motions and dismissing them, but not giving him appointment of counsel- which he has repeatedly asked for.

The United States Supreme Court has ruled time and time again  that you have to be appointed counsel before anything can be done on your case or to even be formally charged.

So now Flathead County Judge Lympus, Prosecutor Ed Corrigan with the able assistance of Jennifer Clark are over ruling a Federal Court  Ruling and bringing charges a second time against someone who was determined by the Federal Court incompentent to stand trial and those charges were dismissed. Don't forget that they are also ruling and Dismissing VERY important hearings before Mr. Oliver gets an attorney !!!

Those charges were dismissed because of a plea agreement. How can those charges ever be brought up again? What is the benifit of taking a plea agreement in the State of Montana, if once in prison, another county can bring up your dismissed charges ...Is that what the State of Montana is comming to?

October 2014.... Mr. Oliver was taken from prison in Glendive  to the Missoula Jail basement to attend a vidio court hearing in the ajoining county of Flathead. Why not taken to the actual county to court??? Well that means the press would be able to be present. Why not upstairs in Missoula County Courthouse??? Again the press would be present... Any question in your mind why Montana’s legal system ranks almost at the bottom when rated against the other states – coming in at No. 46 for judicial impartiality and judges’ competence. The U.S. Chamber Institute for Legal Reform ranks Montana at No. 45 for legal climate. Montana earned a D+ grade from the State Integrity Investigation. Mike Wheat, as the incumbent, has been a part of this, and was given the lowest rating of any justice by the Montana Chamber of Commerce.