Opinion
OP 23-0068
02-14-2023
KATHAN D. JOHNSON, Petitioner, v. JASON VALDEZ, Yellowstone County Detention Center, Respondent.
ORDER
Representing himself, Kathan D. Johnson has filed a petition for a writ of habeas corpus, indicating that his incarceration is illegal because his sentence violates his right to be free from double jeopardy and that he is being held in jail under excessive bail. He states that he has evidence of his case and that "we have not been to court on any cases . .. ." Johnson contends that his speedy trial rights have been violated. He raises issues of intimidation, tampering with evidence, harassment, and wrongful imprisonment. Johnson adds that "[t]hey also trump cases on [him] .. .."
This Court is familiar with Johnson as this is his fourth petition for relief. When he filed his first writ with this Court in July 2022, he had four pending criminal cases with the Yellowstone County District Court. Since then, the District Court has dismissed three of his cases without prejudice. Johnson is being held on his oldest criminal case.
See State v. Kathan Devernon Johnson, Cause No. DC 20-1547, Order to Dismiss Without Prejudice (Mont. Thirteenth Judicial Dist. Ct. Jul. 19, 2022); State v. Kathan Devernon Johnson, Cause No. DC 21-0236, Order to Dismiss Without Prejudice (Mont. Thirteenth Judicial Dist. Ct. Jul. 26, 2022); and State v. Kathan Devernon Johnson, Cause No. DC 22-0805, Order to Dismiss Without Prejudice (Mont. Thirteenth Judicial Dist. Ct. Sept. 7, 2022).
We secured a recent copy of the court's register of actions and last docketed item. On January 26, 2023, the same day that his Petition was filed with this Court, the District Court held a hearing on the revocation of Johnson's 2018 sentence for the conviction of strangulation of a partner or family member. The court committed him to the Department of Corrections for a term of two years and 352 days with one year and 352 days suspended.
Johnson has been sentenced, and his other pending cases have been dismissed. Johnson has not demonstrated want of bail, pursuant to § 46-22-103, MCA, and he has not shown any violation of his right to be free from double jeopardy. He is not entitled to habeas corpus relief because he cannot challenge a sentence upon revocation through this remedy. Section 46-22-101(2), MCA. His incarceration is valid. Upon the issuance of a written, final judgment, 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 18-0211; Jacob Andrew Yerger, Yellowstone County Deputy Attorney; Tyler Dugger, Defense Counsel; Captain Valdez, Yellowstone County Detention Center, and Kathan D. Johnson personally.