Opinion
OP 24-0249
05-07-2024
EIFFREE ARRIETA, Petitioner, v. CAPTAIN HASH, MISSOULA COUNTY DETENTION FACILITY, Respondent.
ORDER
On his own behalf, Eiffree Arrieta has filed a Petition for Writ of Habeas Corpus, indicating illegal incarceration. He explains, mostly in Spanish, that he was arrested on August 25, 2023, in Missoula, for assault with a weapon. He adds that he only speaks Spanish as he is from Venezuela and that he has requested a translator for his proper defense. Arrieta raises issues about discovery, speedy trial, and impaired communication with his lawyer. His requested relief is written in English, asking this Court to "order a translator [to] be assigned to the Petitioner" and to "order the lower court to hold a fast and speedy hearing." He further requests a Gallagher hearing.
State v. Gallagher, 1998 MT 70, 288 Mont. 180, 955 P.2d 1371.
We requested and reviewed the register of actions for Arrieta's pending case. On August 30, 2023, the State filed its Information with leave of the Missoula County District Court. Counsel was assigned within the next eight days, and the court has held several hearings over the last several months.
Arrieta's remedy is with the District Court and not this Court. The District Court will appoint an interpreter, if necessary. See Mont. Jud. Branch Policy 890, Court Interpretation Services.
The cause of Arrieta's incarceration is his pending criminal case. His requests for relief cannot be remedied by his Petition because the requests do not go to the cause of his incarceration. Gates v. Missoula Cty. Comm 'rs, 235 Mont. 261,262 766 P.2d 884, 884-85 (1988). He has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. If the District Court enters a final judgment that is adverse to Arrieta, he may seek an appeal with this Court, at which time the entire record will be available for review. M. R. App. P. 4(5)(b)(i).
Arrieta should refrain from filing petitions with this Court on his own behalf when he is represented by counsel in the District Court. M. R. App. P. 10(1)(c); State v. Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d 1191.
IT IS THEREFORE ORDERED that Arrieta's Petition for Writ of Habeas Corpus is DENIED and DISMISSED. IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.
The Clerk is directed to provide a copy of this Order to: the Honorable Jason Marks, District Court Judge; Amy McGhee, Clerk of District Court, under Cause No. DC 2023-518; Buddy Dean, Missoula County Attorney's Office; Cierra Anderson, Missoula OPD, Conflict Office; Captain Hash, MCDF; counsel of record; and Eiffree Arrieta personally, alongwith a copy of Montana Judicial Branch Policy 890.