Opinion
OP 23-0182
04-11-2023
GLENN LEE CARTER, Petitioner, v. STATE OF MONTANA, and NINTH JUDICIAL DISTRICT COURT, HONORABLE ROBERT OLSON, Respondents.
ORDER
On his own behalf, Petitioner Glenn Lee Carter has filed a petition for a writ of supervisory control over the Ninth Judicial District Court, Toole County, pursuant to M. R. App. P. 14(3). We amend the caption to include the District Court and the presiding Judge. M. R. App. P. 14(6).
Carter puts forth that he "seek[s] supervisory control of the legal proceedings as there is the appearance of [j]udicial improprieties and irregularities." He states that there are human and constitutional issues, such as the right of due process and equal protection. He further states that "there is [an] urgency/emergency factor making a normal appeal process inadequate[.]" He points out that the District Court refuses to honor "Habeas Corpus" and that the court suppressed evidence as well as altering documents or jurisdictions. Carter includes 112 pages of attachments, which are mostly documents filed in the District Court.
Supervisory control operates on a case-by-case basis. "This extraordinary remedy can be invoked when the case involves purely legal questions and urgent or emergency factors make the normal appeal process inadequate." State v. Spady, 2015 MT 218. ¶ 11, 380 Mont. 179, 354 P.3d 590 (citing M. R. App. P. 14(3); Redding v. McCarter, 2012 MT 144, ¶ 17, 365 Mont. 316, 281 P.3d 189). The case must meet one of three additional criteria. Spady, ¶ 11; M. R. App. P. 14(3)(a)-(c).
We reviewed Carter's attachments and recent motions. A week after his initial filing, Carter filed a "Motion for Emergency Injunction Cease of Extradition Order and Judicial [N]otice of Fraud/Perjury." Carter explains that he seeks to stay extradition until completion of his judicial proceeding. He puts forth that he received fifty-one pages of "newly manufactured evidence" and challenges the original warrant as well as his incarceration. He provides that he was taken to an "unscheduled hearing" and was told that the District Court was cancelling his hearing for habeas corpus because it was extraditing him to the State of Washington. On April 5, 2023, Carter filed a "Motion of Notice, Judicial and Facts of Law" wherein he reiterates the same circumstances while referring to the Uniform Criminal Extradition Act.
We also secured a more recent copy of the court's register of actions. The District Court issued a warrant of arrest for Carter for being a fugitive from justice in January 2023. In early February, the court ordered that Carter may proceed pro se. On March 29, 2023, the District Court issued two Orders, releasing Carter to the State of Washington, as well as ordering that his pending criminal case be dismissed.
While Carter cites to the correct rule, Carter is not entitled to supervisory control. His matter is not urgent nor does it involve purely legal questions. The District Court dismissed his case, and we have no matter over which to take control. Spady, ¶ 11. Carter is not entitled to a stay, emergency injunction, or other relief. Accordingly, IT IS ORDERED that Carter's Petition for a Writ of Supervisory Control is DENIED and DISMISSED.
IT IS FURTHER ORDERED that Carter's Motion for Emergency Injunction Cease of Extradition Order and Judicial notice of Fraud/Perjury is DENIED, as moot.
IT IS FURTHER ORDERED that his Motion of Notice, Judicial and Facts of Law is DISMISSED.
The Clerk is directed to provide a copy of this Order to: the Honorable Robert G. Olson, Ninth Judicial District Court; Debra Munson, Clerk of District Court, Toole County, under Cause No. DC-23-003; Merle Raph, Toole County Attorney; counsel of record; and Glenn Lee Carter.