Opinion
OP 22-0370
07-26-2022
KATHAN D. JOHNSON, Petitioner, v. CAPTAIN VALDEZ, YELLOWSTONE COUNTY DETENTION CENTER, Respondents.
ORDER
Kathan D. Johnson has filed a Petition for Writ of Habeas Corpus, indicating that he is being held in jail and that his bail is excessive. Johnson provides that he was arrested on February 19, 2021, for sexual intercourse without consent, robbery, and partner or family member assault (Cause No. DC 21-236). He raises various claims of unlawful detention, evidence tampering, malicious prosecution, police harassment, and intimidation. He states that he has documents for his claims, but he provides no supporting documentation or arguments. Johnson gives no more information about any bail amount. We amend the caption by removing the court and adding the Jail Commander's name of the Yellowstone County Detention Center where Johnson is being held. Section 46-22-201(1)(c), MCA.
We secured a copy of the Yellowstone County District Court's docket sheet. On February 22, 2021, the State filed its charging documents against Johnson. The District Court issued a release order for Johnson two days later; the bond was S100,000 cash. About five months later, the court issued a bench warrant on the State's Petition to Revoke Release Order. Johnson was apprehended and appeared ten days later. The court issued an order releasing Johnson on his own recognizance and with a GPS monitor in late September 2021. About two weeks later, the court issued a bench warrant. On December 28. 2021, the court revoked Johnson's release and used the bond already posted to run concurrent on all of Johnson's four criminal cases. Since then, the court has reset the jury trial several times, and the most recent date is for June 23, 2022. Johnson has been represented by counsel throughout this proceeding.
Johnson should refrain from fling 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). A court may refuse to accept pro se pleadings from defendants who arc adequately represented by counsel. State v. Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d 1191.
Johnson is not entitled to habeas corpus relief. Habeas corpus affords an applicant an opportunity to challenge collaterally the legality of his present incarceration. Section 46-22-101(1), MCA; Lott v. State, 2006 MT 279, ¶ 14, 334 Mont. 270, 150 P.3d. 337. Johnson's incarceration is due to his four pending matters. Johnson has not demonstrated want of bail, pursuant to § 46-22-103, MCA. and we conclude that his incarceration is not illegal. Upon the issuance of final judgments, Johnson has the remedy of appeal. Section 46-20-104(1), MCA. Therefore, IT IS ORDERED Johnson's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk is directed to provide a copy of this Order to: the Honorable Michael G. Moses, District Court Judge; Terry Halpin. Clerk of District Court, Yellowstone County, under Cause No. DC 21-236; Jacob Andrew Yerger, Yellowstone County Deputy Attorney; Michael Malone, Defense Counsel; Captain Valdez, Yellowstone County Detention Center, and Kathan D, Johnson personally.