Opinion
OP 23-0067
02-14-2023
JEROME P. SHAFFORD, Petitioner, v. SARGEANT BRADLEY BRAGG,
ORDER
Jerome P. Shafford petitions this Court for habeas corpus relief, indicating that his incarceration is illegal because of insufficient evidence. He offers that "[t]he victim has been unreliable, non[-]compliant." Shafford provides a type-written letter from his former girlfriend, who states that she is the victim. He requests dismissal with prejudice of his pending criminal case in the Lewis and Clark County District Court.
We secured a copy of the register of actions. The State filed charges in the Justice Court in May 2022 and sought a no contact order. It appears that Shafford may have sent and filed a similar letter to the Judge in June 2022. Shafford has counsel to represent him.
Habeas corpus allows an applicant an opportunity to challenge collaterally the legality of his present incarceration. Section 46-22-101(1), MCA. Shafford has not demonstrated illegal incarceration. The cause of his incarceration is his pending criminal case in the District Court. He is not entitled to dismissal.
We caution Shafford to refrain from filing pleadings with this Court while he is represented by counsel in District Court. M. R. App. P. 10(1)(c); State v. Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d 1191. Accordingly, IT IS ORDERED that Shafford's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: the Honorable Michael T. Menahan, District Court Judge; Angie Sparks, Clerk of District Court, under Cause No. ADC-2022-237; Lewis and Clark County Attorney's Office; Amanda Gordon, Defense Counsel; counsel of record and Jerome P. Shafford personally.