Opinion
OP 22-0507
09-27-2022
ANTHONY LEVI HILL, Petitioner, v. MATT BOXMEYER, Respondent.
ORDER
Anthony Levi Hill has filed a Petition for Writ of Habeas Corpus, indicating that he is in jail and that his bail is excessive. Hill is currently held in the Gallatin County Detention Center.
Hill provides that his bail is set at $200,000 and that he cannot afford it. He asserts that he is being denied his rights by the State of Montana. Hill raises constitutional and other claims: (1) lack of a speedy trial; (2) ineffective assistance of counsel; (3) police brutality; (4) false imprisonment; (5) unlawful restraint, and (6) mistreatment of prisoners. He requests that this Court dismiss all his charges and award money damages.
As a threshold matter, Hill indicates a bail challenge, yet he does not provide any of the court's decisions concerning bail or his release. A Petitioner, such as Hill, "has the burden of presenting to this Court a record that is sufficient to make a prima facie showing ...." Miller v. Eleventh Judicial Dist. Ct., 2007 MT 58, ¶ 14, 336 Mont. 207, 154 P.3d 1186. Hill has not met his burden for a prima facie case of habeas corpus relief.
In acknowledging some latitude to Hill, we secured a copy of a register of actions and pertinent minute entries for Hill's pending case in the Gallatin County District Court. After the court granted leave, the State filed its charging documents, alleging four felonies and two misdemeanors, on June 30, 2021. Hill appeared with counsel for his initial appearance within two weeks.
While Hill is being held on a bailable offense, he has not demonstrated want of bail, pursuant to § 46-22-103, MCA. We reiterate that 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. In August and October 2021, the District Court held two bail modification hearings, denying each request because the bail was not excessive after review of the exhibits and other factors. Hill's counsel filed a waiver of speedy trial in March 2022 and again in August 2022. Unless a plea agreement is entered, the pending case is set for trial in District Court.
Hill seeks the wrong remedy here. He raises claim of alleged constitutional violations and questions the conditions of his confinement. Habeas corpus is not the remedy for constitutional claims, such as due process and right to effective counsel nor does it address conditions of confinement. Gates v. Missoula Cnty. Comm 'rs, 235 Mont. 261, 262, 766 P.2d 884, 884-85 (1988). His remedy would be an appeal of a final sentencing judgment and any preserved issues.
Hill has not demonstrated that he is illegally incarcerated. Section 46-22-101(1), MCA. He is not entitled to dismissal of charges or money damages through this remedy.
Hill 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).
IT IS ORDERED that Hill's Petition for a Writ of Habeas Corpus is DENIED.
The Clerk is directed to provide a copy of this Order to: the Honorable Rienne McElyea, District Court Judge; Sandy Erhardt, Clerk of District Court, Gallatin County, under Cause No. DC-2021-261; Bjorn E. Boyer, Deputy County Attorney; Michael P. Sinks, Defense Counsel; counsel of record, and to Anthony Levi Hill personally.