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Caplette v. Vaughn

Supreme Court of Montana
Jul 9, 2024
OP 24-0383 (Mont. Jul. 9, 2024)

Opinion

OP 24-0383

07-09-2024

CHARLES J. CAPLETTE, Petitioner, v. RAY VAUGHN, CAPTAIN, BUTTE-SILVER BOW DETENTION CENTER Respondent.


ORDER

Charles J. Caplette has returned to this Court with a petition for a writ of habeas corpus, stating that he is "Being held Illegally by Means of [Excessive] Bail." (Emphasis in original.) He further states that he has "not had one single Bail or Bond reduction hearing since [his] incarceration of 8-11-2023 to Present." He does not provide the amount of bail. Caplette puts forth that he has been threatened with new charges; that his access to courts has been violated with a lack of paper as well as "Tolling the Time Limit[;]" that his right to a speedy trial has been violated; that the evidence contains hearsay; and that he has "not been represented by Equal Protection of Law." Caplette requests his release on his own recognizance, his immediate release, and dismissal of the case due to hearsay.

This Court is familiar with Caplette's detention because we denied his writ of habeas coitus last year. Caplette v. Vaughn, No. OP 23-0623, Order (Mont. Oct. 31, 2023) (Caplette I). At that time, the State had charged Caplette with two felony counts of partner or family member assault (PFMA), and the Butte-Silver Bow County District Court granted leave to file the Information on September 19, 2023, setting bond at $20,000. Caplette I, * at 1. We stated, after review, that:

In his instant Petition, Caplette seeks to have discovery, production of copies of videos, and appointment of another attorney. This Court cannot grant his requests. 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. Caplette has not demonstrated that he is illegally incarcerated. Section 46-22-101(1), MCA. The cause of his incarceration is due to his pending criminal case in the District Court. His other claims are not remedied by a writ of habeas corpus. See Gates v. Missoula County Comm'rs, 235 Mont. 261, 262, 766 P.2d 884, 884-85 . (1988) (the habeas corpus "statute allows a prisoner to challenge the legal sufficiency of the cause for incarceration."). (Emphasis in original.)
Caplette should refrain from filing pleadings in this Court when he has legal representation from' counsel in his underlying proceeding. M. R. App. P. 10(1)(c). He is not entitled to appointment of counsel upon his petition filed in this Court. See § 46-8-101, MCA. At this juncture, Caplette is not entitled to dismissal.
Caplette I, at 1-2.

We secured a more recent copy of a register of actions. In April of 2024, Caplette received representation of counsel from a different attorney. The District Court held a final, pre-trial hearing on June 7th, and since then, on June 11,2024, Caplette's counsel has filed a motion for Gallagher hearing, amotion for Gillham Order, and a motion to vacate a change of plea hearing.

State v. Gallagher, 2001 MT 39, ¶ 7, 304 Mont. 215, 19 P.3d 817.

In re Petition of Gillham, 216 Mont. 279, 281-82, 704 P.2d 1019, 1020-21 (1985).

Caplette's remedy is not with this Court. We cannot address his claims concerning legal access and alleged constitutional violations in his writ. As stated before, he has a pending criminal matter in the District Court, where he also has representation of counsel, Caplette has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. Caplette is not entitled to release. Therefore, .

IT IS ORDERED that Caplette's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.

IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.

The Clerk is directed to provide a copy of this Order to: the Honorable Kirk Krueger, District Court Judge; Beth Parks, Clerk of District Court, under Cause No. DC-23-251; Ann M. Shea, Deputy County Attorney; Walter Hennessey, Defense Counsel; Cpt. Vaughn, Detention Center; counsel of record, and Charles Joseph Caplette personally.


Summaries of

Caplette v. Vaughn

Supreme Court of Montana
Jul 9, 2024
OP 24-0383 (Mont. Jul. 9, 2024)
Case details for

Caplette v. Vaughn

Case Details

Full title:CHARLES J. CAPLETTE, Petitioner, v. RAY VAUGHN, CAPTAIN, BUTTE-SILVER BOW…

Court:Supreme Court of Montana

Date published: Jul 9, 2024

Citations

OP 24-0383 (Mont. Jul. 9, 2024)