Opinion
OP 22-0006
01-18-2022
KIRSTEN GENEREUX GILEAD, Petitioner. v. VERN BURDICK, CHOUTEAU COUNTY SHERIFF, Respondent.
ORDER
Representing herself. Kirsten Gilead. formerly known as Kirsten Genereux. has filed a Petition for Writ of Habeas Corpus, contending that no legal authority can be produced for her restraint and that she should be immediately released. She includes several hundred pages of attachments. Gilead is currently held in the Chouteau County Jail in Fort Benton. Montana.
Gilead raises nine grounds in her Petition, To summarize her arguments, Gilead claims that: (1) her confinement is involuntary because the alleged charge is under the Uniform Criminal Extradition Act; (2) the Information is contradicting and false, resulting in a false arrest: (3) the criminal heading or caption is wrong or incorrect over time; (4) the Liberty Count) District Court accepted the SI0.000 bond, which was not her money and no receipt was given, and then later illegally forfeited because Gilead alleges that she "has never once been served, summon[ed], [or] subpoened ... to accept and have posted 'Bond' and/or 'Bail' on any case[:]" (5) she never failed to appear at any Montana hearing; (6) Montana statutes under Title 45 do not have any details about Bench Warrants: (7) her involuntary confinement" is causing detrimental harm to her three children: (8) her rights are violated with the conditions of confinement; and (9) she is not the party who failed to appear.
Gilead's claims are not viable through this remedy of habeas corpus. We point out that her references to federal law and the State of Washington's statutes are of little assistance in a state court in Montana. This Court has determined previously that conditions of confinement do not fall under habeas corpus relief. Gates v. Missoula Cty. Comm'rs., 235 Mont. 261, 263, 766 P.2d 884, 885 (1988).
Section 46-22-101(1), MCA, provides that "every person imprisoned or otherwise restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint. . . ." Legal authority exists for Gilead's restraint. Upon review of her attachments, Gilead has a pending criminal case in the Liberty County District Court. The District Court issued a bench warrant four times in 2020 and at least once in 2021. In the court's June 18, 2021 Order of Bond Forfeiture and Order to Appoint Standby Counsel, the court detailed that Gilead "did not appear as required by the [c]ourt in its April 19, 2021 and June 8, 2021 Orders." The court further provided that:
Based on Defendant's pro se filings on May 24, 2021, June 15, 2021, and June 16, 2021, Defendant was well-aware of the [c]ourt's requirement for appearance.
Previously this [c]ourt issued a warrant for Defendant on or about May 27, 2020. On or about September 11, 2020 bail was posted on behalf of Defendant in the amount of $10,000 to assure future appearance before the [c]ourt. After failure to appear for the 16th day of June, 2021 and ample notice of the need to appear, the State moved for a forfeiture of the bail posted.
Order of Bond Forfeiture and Order to Appoint Standby Counsel, at 1 (Mont. Twelfth Judicial Dist. Ct. Jun. 18, 2021). After her arrest, Gilead was extradited from the State of Washington to Montana for an initial appearance and arraignment, as explained in her counsel's letter, dated November 9, 2021.
We conclude that Gilead's claims are without merit. We point out that last year, we dismissed her appeal because she did not appeal a final judgment of conviction. See State v. Genereux, No. DA 21-0018, Order (Mont. May 25, 2021). We further caution Gilead to refrain from seeking relief in this Court when she is represented by counsel, even standby counsel, and when her underlying proceeding has not reached its conclusion. M. R. App. P. 10(1); State v. Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d 1191.
Gilead has not demonstrated illegal incarceration, and she is not entitled to her immediate release. Section 46-22-101(1). MCA. Therefore, IT IS ORDERED that Gilead's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk shall provide a copy of this Order to the Honorable Kaydee Snipes Ruiz, Twelfth Judicial District Court; to Anne Seidlitz-Mellon, Clerk of District Court, Liberty County, under Cause No. DC-2020-05; to counsel of record: to Robert Padmos, Liberty County Attorney; to Sam Harris. Defense Counsel; and to Kirsten Gilead personally.