Opinion
OP 22-0459
09-06-2022
BRYAN N. ARVIDSON, Petitioner, v. CAPTAIN BRADLEY BRAGG, LEWIS & CLARK COUNTY DETENTION CENTER, Respondent.
ORDER
Bryan N. Arvidson has filed his fourth petition for habeas corpus relief with this Court in about a month. In his instant petition, Arvidson explains that on August 5, 2022, he appeared in Justice Court for sentencing. He states that Judge Swingley sentenced him without an attorney, even though Arvidson had requested representation from counsel since October 3, 2021. He concludes that his conviction should be "thrown out" because his due process of law has been violated.
Arvidson's remedy is not with this Court. He retains the remedy of appeal of a Justice Court's decision to the First Judicial District Court, Lewis and Clark County. Section 46-20-104(1), MCA; State v. Harning, 2022 MT 61, 408 Mont. 140, 507 P.3d 145.
Accordingly, IT IS ORDERED that Arvidson's Petition for Writ of Habeas Corpus is DISMISSED.
The Clerk is directed to provide a copy of this Order to counsel of record, to Captain Bradley Bragg, and to Bryan N. Arvidson personally.