Opinion
OP 23-0487
09-05-2023
ANTHONY SCOTT CHARLIE. Petitioner, v. STATE OF MONTANA, SGT. MODEN, MISSOULA COUNTY DETENTION CENTER. Respondents.
ORDER
Anthony Scott Charlie has filed a Petition for Writ of Habeas Corpus, alleging that he is "illegally detained by the Montana State Prison currently [through] the Missoula County Detention Center ... as he is waiting transport to M.D.I.U.[.]" Charlie raises several issues concerning jurisdiction, substitution of judge, his arraignment, and due process violations.
This Court observes that Charlie has a pending appeal of the same underlying criminal case. Charlie filed a Notice of Appeal for a final judgment issued in the Fourth Judicial District Court, Missoula County, where Charlie received a ten-year prison sentence with five years suspended (Cause No. DC-22-452). The remedy of habeas corpus is not a substitute for a direct appeal. An appeal is the proper forum in which to litigate Charlie's objections and issues concerning his conviction and sentence. State v. Wright. 2001 MT 282, ¶¶ 36-37, 307 Mont. 349,42 P.3d 753; § 46-22-101(2), MCA.
Without reaching the merits, we must dismiss Charlie's petition for habeas corpus relief. Accordingly, IT IS ORDERED that Charlie's Petition for Writ of Habeas Corpus is DISMISSED without prejudice.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: counsel of record: Kirsten H. Pabst, Missoula County Attorney; and Anthony Scott Charlie personally.