Opinion
OP 24-0226
04-23-2024
PAUL L. CAMPBELL, Petitioner, v. JIM SALMONSEN, WARDEN, MONTANA STATE PRISON, Respondent.
ORDER
Paul L. Campbell has filed a Petition for Writ of Habeas Corpus, questioning whether this Court or the District Court has any jurisdiction regarding the criminal judgment he is serving. He posits in his attached, "Supplement Brief),]" that: "The Court has failed in the past stating that its 5th Amendment of the Constitution U.S. has not been extended to [persons] in the State[]s." Campbell refers to our decision in State v. Montgomery, 2015 MT 151, ¶ 11, 379 Mont. 353, 350 P.3d 77, where we pointed out that the U.S. Constitution's "Fifth Amendment's grand jury requirement has not been construed to apply to the states." Montgomery, ¶ 9. He puts forth that the Fourteenth Amendment "is and has been the controlling law and the protection of [h]is rights." Campbell seeks his immediate release, claiming that the District Court's judgment and sentence are void.
Campbell is serving two concurrent terms of 100 years in prison for sexual offenses. Campbell raised similar arguments last year, and this Court denied his writ for extraordinary relief. See Campbell v. Salmonsen, No. OP 23-0602, Order denying writ of habeas corpus (Mont. Oct. 24, 2023).
We conclude again that Campbell's arguments lack merit. In Montgomery, we pointed to United States Supreme Court case law, distinguishing the grand jury requirement for indictment in federal cases as opposed to state cases. Montgomery, ¶ 9 (citing Apprendi V. New Jersey, 530 U.S. 466, 477 n.3, 120 S.Ct. 2348, 2355 n.3 (2000) (noting that the Fourteenth Amendment "has not... been construed to include the Fifth Amendment right to 'presentment or indictment of a Grand Jury. . .
The Montana Legislature has provided a statutory scheme for felony prosecution, and this Court has held that Montana statutes offer four methods to commence a prosecution in this state, one of which is "an information after leave of court has been granted[.]" Montgomery, ¶ 11; § 46-11-101(3), MCA. In Montana, an information is one method to charge an offender with a criminal offense-misdemeanor or felony-under statute. Section 46-11-101(3), MCA. "'[A] defendant is not entitled to any specific procedure.'" Montgomery, ¶ 11 (citing State v. Haller, 2013 MT 199, ¶ 8, 371 Mont. 86, 306 P.3d 338) (internal citation omitted).
The State of Montana commenced Campbell's felony prosecution according to Montana's Constitution and under its applicable statutory scheme by filing an application which includes an information for leave of court along with an affidavit supported by evidence. Section 46-11-201(2), MCA (2003). See also Montgomery, ¶¶ 9-11; Mont. Const, art. II, § 20(1); §§ 46-11-101(3), and 46-11-102(1), MCA. The District Court had subject matter jurisdiction, and the court's judgment is not void.
Campbell has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. He has a lawful sentence, and he is not entitled to his release. Therefore, IT IS ORDERED that Campbell's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
IT IS FURTHER ORDERED that this case is CLOSED as of this Order's date.
The Clerk is directed to provide a copy of this Order to counsel of record and to Paul L. Campbell personally.