Opinion
OP 22-0258
05-31-2022
GREGORY DEAN LEHMAN, Petitioner, v. COMMANDER JASON VALDEZ, Respondent.
ORDER
Gregory Dean Lehman has filed a Petition for Writ of Habeas Corpus, indicating that his incarceration is illegal. Lehman is currently held in the Yellowstone County Detention Center.
Lehman asserts that he is entitled to habeas corpus relief due to violations of his due process rights, violations of his right to be heard, and the withholding of some discovery. He explains that he was arrested on January 29, 2021, and that he hired an attorney who represented him during his arraignment. In his Petition, Lehman proceeds to challenge every aspect of his criminal proceeding over the last year. He argues that his bond was set "excessively high" at $200,000 cash when the Justice Court of Billings issued an arrest warrant in October 2021. He also explains that he since has been assigned counsel from the Office of State Public Defender and that a hearing on his sentence revocation was set for October 18, 2021. Lehman requests his immediate release.
At the outset, Lehman seeks the wrong remedy for his alleged constitutional violations. Habeas corpus is not the remedy for constitutional claims, such as due process and right to effective counsel. Gates v. Missoula Cnty. Comm Vj, 235 Mont. 261, 262, 766 P.2d 884, 884-85 (1988). Lehman's remedy would be an appeal of his preserved issues.
Lehman is not entitled to his release. According to his attachments, the City of Billings amended its initial charges in March 2021, charging Lehman with eight misdemeanor counts, including endangering welfare of children, social host, and unlawful transactions with children. On October 8, 2021, the Municipal Court issued a warrant for his arrest because the City Attorney sought revocation of Lehman's sentences for condition violations. Upon revocation, the court imposed consecutive sentences of 180 days in jail for seven convictions, and a few days later, the court imposed a no-contact order between Lehman and the victims, as also imposed in the Yellowstone County District Court.
Montana's statute for habeas corpus relief provides that a court may inquire into the cause of restraint or incarceration to determine its illegality. Section 46-22-101(1), MCA. Lehman has criminal proceedings in the Municipal and District Courts. The cause of his restraint is the sentence upon revocation imposed in the Billings Municipal Court and his pending criminal case in District Court. Lehman has not demonstrated that he is illegally incarcerated. Section 46-22-101(1), MCA. He is precluded from challenging his sentence upon revocation through this remedy. Section 46-22-101(2), MCA.
Lehman should refrain from filing pleadings on his own behalf with this Court while he is represented by counsel. M. R. App. P. 10(1)(c). Accordingly, IT IS ORDERED that Lehman'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 Sheila R. Kolar, Municipal Court of Billings; Valerie Dekker. Clerk of Municipal Court, under Cause No. CR-2020-0000439; Captain Valdez, YCDC; Chantel Anderson, Deputy City Attorney: Brian Haynes. Defense Counsel; counsel of record, and Gregory Dean Lehman personally.