toll on equitable grounds the one-year time bar contained in § 46-21-102, MCA

2008 MT 226
GEORGE H. DAVIS,v.
STATE OF MONTANA,
Did the District Court correctly deny Davis’s motion to toll on equitable grounds the one-year time bar in § 46-21-102, MCA, so that Davis could file a petition for post-conviction relief?
Although the District Court provided alternative rationales for its ruling, it ultimately decided Davis’s motion solely on the basis that it lacked subject matter jurisdiction. In light of our decision and its changes to the law regarding the one-year time bar contained in § 46-21-102, MCA, we deem it appropriate to remand this matter to allow the District Court to consider in the first instance Davis’s motion to toll on equitable grounds the one-year time bar contained in § 46-21-102, MCA. The District Court must determine whether the failure to toll on equitable grounds would work “‘a clear miscarriage of justice, one so obvious’” that the imposition of the time bar would compromise the integrity of the judicial process. State v. Redcrow, 1999 MT 95, ¶ 34, 294 Mont. 252, ¶ 34, 980 P.2d 622, ¶ 34 (quoting Gray, 274Mont. at 1, 908 P.2d at 1352).
Reversed and remanded.