Opinion
OP 22-0491
10-18-2022
RANDY DENNISON. Petitioner, v. MIKE LINDER, Yellowstone County Sherriff, YELLOWSTONE COUNTY DETENTION FACILTY, JOHN RYAN, Yellowstone County Attorney's Office, and HON. BRETT L1NNEWEBER. Respondents.
ORDER
Self-represented Petitioner Randy Dennison has filed a "Motion to Amend Information" one day after this Court issued its Order denying his petition for habeas corpus relief. We deem his motion a petition for rehearing under our rules.
M. R. App. P. 20(1) provides criteria for rehearing. This Court "will consider a petition for rehearing presented only upon ... [t]hat it overlooked some fact material to the decision[.] ... or [t]hat its decision conflicts with a statute or controlling decision not addressed by the supreme court." M. R. App. P. 20(1)(a)(i) and (iii). "Absent clearly demonstrated exceptional circumstances, the supreme court will not grant petitions for rehearing of its orders disposing of motions or petitions for extraordinary writs." M. R. App. P. 20(1)(d).
Dennison contends that this Court should grant his writ for relief and dismiss his four pending cases in the Yellowstone County District Court. He states that he has not had "a meaningful hearing" on the State's Petition to Revoke. Dennison mentions that he has been held for four months on excessive bail of SI 00.000.
This Court addressed Dennison's claims about bail and due process violations in our prior Order, resulting in its denial. As stated before, Dennison has not demonstrated illegal incarceration pursuant to § 46-22-101(1), MCA. Dennison provides no basis or criteria to warrant a rehearing here. Accordingly.
IT IS ORDERED that Dennison's Motion to Amend Information, deemed a Petition for Rehearing, is DENIED and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: the Honorable Brett D. Linneweber. District Court Judge; Terry Halpin. Clerk of District Court, Yellowstone County, under Cause Nos. DC-2020-948. DC-2020-1138. DC-20201386, and DC-2021-665; Sheriff Mike Linder; John Ryan, Yellowstone County Attorney's Office; J. Tomicich, Defense Counsel; counsel of record, and to Randy Dennison personally.