Opinion
OP 22-0576
10-18-2022
ROLLIN R. GREY IV Petitioner, v. VERN BURDICK, CHOUTEAU COUNTY SHERIFF, Respondent.
ORDER
Rollin R. Grey IV seeks a writ of habeas corpus, claiming that his incarceration is illegal and seeking "some kind of relief here." Grey contends that his confession was coerced and not true because his interview occurred under mental duress. He states that his attorney is not representing his best interests and that he must take the plea agreement or "spend [his] life in prison." Grey requests that this Court forward his pleading to the District Court Judge as well as reduce his sentence or dismiss his case. He moves this Court for appointment of counsel.
This Court is familiar with Grey's situation, having entertained a previous petition earlier this year. See Grey v. Burdick, No. OP 22-0187, Order (Mont. May 3, 2022). Grey is being held in the Chouteau County Jail, pending the outcome of his criminal case. The District Court's docket reflects the filing of a plea agreement on August 18. 2022, and a change of plea hearing in early September. The court has set a sentencing date.
Grey has not demonstrated illegal incarceration, as required to obtain habeas corpus relief. Section 46-22-101(1). MCA. The cause of his incarceration is his pending criminal case. Grey does not include any facts in his petition that would substantiate an irreconcilable conflict with his counsel or a complete breakdown in communication, but any such complaints would need to be presented to the District Court Judge presiding in his case. Once there is a final judgment, his claims may be possible issues for a direct appeal with this Court. Section 46-20-104(1), MCA.
IT IS THEREFORE ORDERED that Grey's Petition for Writ of Habeas Corpus is DENIED and DISMISSED. IT IS FURTHER ORDERED that Grey's Motion for Appointment of Counsel is DENIED.
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; counsel of record: and Rollin R. Grey, IV, personally.
The Clerk also is directed to close this case as of this Order's date.