Opinion
OP 22-0187
05-03-2022
ROLLIN R. GREY, IV, Petitioner, v. VERN BERDICK, Sheriff, Chouteau County, Montana, Respondent.
ORDER
Representing himself, Rollin R. Grey, IV, has filed a Petition for Writ of Habeas Corpus, claiming that he is being held in jail and that his bail is excessive. Grey is currently held in the Chouteau County Detention Center.
Grey explains that the District Court imposed a bail of $100,000 "for [the] alleged offense of incest" and that he has been incarcerated for more than a year. He claims that the victim has since recanted. Grey contends that "the bond should not exceed the fine that may be imposed if convicted," in this case $50,000. He states that the court denied his motion for bail reduction. Grey also alleges violations of his speedy trial and due process rights. He concludes that his bond is not ethical and asserts that both the prosecuting attorney and law enforcement have threatened or intimidated him.
We requested and reviewed the register of actions for his pending criminal case in the Twelfth Judicial District Court, Chouteau County. The State charged Grey on April 19, 2021, and the court appointed counsel two days later. On November 19, 2021, the District Court held a hearing on Grey's motion for reduction of bond. At that time, a jury trial was scheduled for April 4, 2022. The State thereafter filed an amended information and motion for leave to file that the court granted on March 23, 2022.
Grey is being held on a bailable offense. He has not, however, demonstrated want of bail, pursuant to § 46-22-103, MCA. A district court has the discretion to grant or deny release and bail. Grafft v. Mont. Fourth Judicial Dist. Court, 2021 MT 201, ¶ 11, 405 Mont. 192, 197, 492 P.3d 1213. At the November 2021 hearing, the District Court considered Grey's counsel's recommendations and the witnesses' testimony before denying the motion and maintaining bond at $100,000. Sections 46-9-109(2), -301, MCA.
Grey should refrain from filing pleadings on his own behalf with this Court while he is represented by counsel in the District Court. M. R. App. P. 10(1)(c).
Grey has not demonstrated that he is illegally incarcerated. Section 46-22-101(1), MCA. He is not entitled to release. Grey's other claims are possible issues for an appeal and not appropriate for habeas corpus. Section 46-20-140(1), MCA. Should his proceeding conclude with an unfavorable judgment in the District Court, Grey retains the remedy of appeal to this Court.
IT IS THEREFORE ORDERED that Grey's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: the Honorable Kaydee Snipes Ruiz, District Court Judge, Chouteau County District Court; Rick Cook, Clerk of District Court, Chouteau County, under Cause No. DC-21-04; Stephen Gannon, Chouteau County Attorney; Jay Reno, Defense Counsel; Vern Burdick, Sheriff; counsel of record; and Rollin R. Grey, IV personally.