FILED 09/30/2021

Shirley Faust
CLERK
Missoula County District Court
STATE OF MONTANA
By: Amy
__________________
McGhee
DV-32-2021-0001209-OC
Mark M. Kovacich
Halligan, Leslie
Ross T. Johnson 1.00
Benjamin J. Langford
ODEGAARD KOVACICH SNIPES,P.C.
P.O. Box 2325
Great Falls, MT 59403
406-222-2222
mark@mtlawyers.com
ross@mtlawyers.com
blangford@mtlawyers.com

Daniel T. Jones
GUSTAFSON LAW OFFICES
400 South Main Street, Suite 101
Conrad, MT 59425
406-278-7521
djones@glo.law

Attorneysfor Plaintiff

MONTANA FOURTH JUDICIAL DISTRICT COURT,

MISSOULA COUNTY,MONTANA

CODY MARBLE, Cause No.

Plaintiff,
vs. Judge

STATE OF MONTANA & MISSOULA IN THE MATTER OF THE

COUNTY. WRONGFUL CONVICTION OF
Defendant(s). CODY MARBLE — CLAIM FOR
COMPSENTATION

Plaintiff, Cody Marble ("Marble"), through counsel of record, hereby alleges as follows:

Jurisdiction and Venue

1. On or about March 21, 2002, Marble was charged with one count of sexual

intercourse without consent, a felony offense, pursuant to Mont. Code Ann. § 45-5-503 in the

Montana Fourth Judicial District, Missoula County, Montana. See Attachment 1.

In the Matter of the Wrongful Conviction of Cody Marble — Claim for Compensation
Page 1 of 4
 1 2. Marble did not commit this offense. He also did not commit perjury pursuant to

2 MCA § 45-7-201,fabricate evidence, or by his own conduct bring about the conviction.

3 3. On November 22, 2002, Marble was convicted of sexual intercourse without

4 consent at the conclusion of a jury trial in cause no. DC-02-103. On June 2, 2004, Marble was

5 sentenced by Hon. Douglas G. Harking to twenty (20) years in the Montana State Prison with

6 fifteen(15)years suspended. See Attachment 2.

7 4. As part of his original sentence Marble was given credit for time served towards

8 his original sentence for his incarceration in the Missoula County Detention Center from March

9 17,2002,through May 1, 2002,and from July 19,2002,through August 4,2003.In total, Marble

10 received credit for time served in the amount offour hundred twenty-eight(428)days.

11 5. As a condition of his sentence in DC-02-103 Marble was required to register as a

12 sexual offender pursuant to MCA §§ 46-23-504 through 46-23-506. Marble's original sentence

13 required him to register as a sexual offender for the rest of his life unless, after ten(10) years of

14 registration Marble successfully petitioned under MCA § 46-23-506 to be relieved of the

15 requirement.

16 6. As a result ofhis sentence in DC-02-103,Marble was imprisoned in a correctional

17 institution as a defined in MCA § 45-2-101(17), under the supervision of the Montana

18 Department of Corrections pursuant to his sentence, and/or required to register as a sexual

19 offender from August 4, 2003, until January 6,2017.

20 7. On January 6, 2017, Hon. Ed McLean granted a motion to dismiss DC-02-103.

21 Marble was convicted, imprisoned, and released from custody prior to July 1, 2021. By filing

22 this petition, he has filed his claim for compensation prior to July 1,2024. See Attachment 3.

23

In the Matter ofthe Wrongful Conviction of Cody Marble — Claim for Compensation
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 1 8. Marble seeks to file under seal a statement offacts providing the basis ofhis claim

2 which includes a proffer of actual innocence. Marble incorporates by reference his proffer into

3 this petition.

4 9. Marble has affirmatively waived any and all other remedies, causes of action, and

5 other forms of relief or compensation against the Missoula County, the Missoula County

6 Sheriffs Department, and all agents of those entities involved in Marble's conviction. Further,

7 Marble has dismissed his pre-existing claims against the entities liable for his wrongful

8 conviction and incarceration. See Attachments 4 & 5.

9 JURY TRIAL DEMAND

10 Marble demands a trial by jury on all issues so triable. Marble also requests this Court set

11 a scheduling hearing in this matter with all parties as expeditiously as possible.

12 PRAYER FOR RELIEF

13 Marble prays for judgment in his favor granting the following relief:

14 1. A certificate of innocence entered by this Court;

15 2. Expungement of all arrest records and convictions related to DC-02-103 as described

16 in Mont. Code Aim. § 46-32-105;

17 3. An order from this Court ordering the Montana Department of Corrections to provide

18 Marble a housing voucher pursuant to Mont. Code Ann. § 46-23-1041(1)-(2) during

19 the pendency of his claim;

20 4. Damages incurred as determined and calculated by Mont. Code Ann. § 46-32-106(1);

21 5. For the costs of suit and attorney fees provided for in Mont. Code Ann. § 46-32-

22 106(6)(a)(1)(i);

23

In the Matter ofthe Wrongful Conviction of Cody Marble — Claim for Compensation
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 6. For two years of tuition assistance at any unit of campus of the Montana university

system as described in Mont. Code Ann. § 46-32-106(6)(a)(1)(ii);

7. For one year of medical insurance funded by the State of Montana as described in

Mont. Code Ann. § 46-32-106(6)(a)(1)(iii); and

8. For other and future relief as the Court deems just and proper.

Respectfully submitted this 30th day of September, 2021.

ODEG KOVACIC IPES, P.C.

. Johnson
".0. Box 2325
Great Falls, MT 59403
Attorneysfor Plaintiff

cc:

Montana Department of Justice

c/o Derek Oestreicher
215 N. Sanders
P.O. Box 201401,
Helena, MT 59620-1401

Montana Department of Corrections — Legal Services Bureau

c/o Colleen Ambrose
5 S Last Chance Culch St.
Helena, MT 59620-1301

Missoula County Attorney's Office

c/o Kristen Pabst
200 W. Broadway St.
Missoula MT,59802

In the Matter of the Wrongful Conviction of Cody Marble — Claim for Compensation
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