Opinion
OP 22-0178
04-26-2022
STEVEN W. GRIFFITH, Petitioner, v. DAN GROVE, Respondent.
ORDER
Steven W. Griffith petitions this Court for habeas corpus relief, indicating that he is entitled to more jail time credit and that he is being held in jail with an excessive bail.
Griffith states that he is currently incarcerated in the Chouteau County Detention Center. He further states that his bail is set at 125, 000 dollars, which he contends is "uncalled for" because he always "shows up" and is a "working citizen." Griffith accuses the prosecuting attorney of bias and malicious prosecution. Griffith asserts that he has filed motions in the Twelfth Judicial District Court for a change of venue "but for some reason [he gets] no responses . . . ." Griffith requests either a change of venue or that his cases be vacated due to insufficiency of evidence.
We requested and reviewed the registers of actions and pertinent documents from the Twelfth Judicial District Court, Chouteau County. Griffith has four criminal cases pending. His oldest case originated in 2020 (hereinafter 2020 case). In 2021, the State charged Griffith in two other cases. We observe that on October 15, 2021, the District Court reduced Griffith's bail to release on his own recognizance in his three pending cases. The court placed him on house arrest and allowed him to go to work, medical appointments, and appointments with counsel.
It appears that Griffith has not demonstrated full compliance with the court's orders because the court issued several bench warrants. In February 2022, the State filed a petition to revoke Griffith's release. On March 2, 2022, the District Court continued Griffith's six-year deferred imposition of sentence for felony theft in his 2020 case. In March 2022, the State charged Griffith with three felonies-illegal transfer to an incarcerated person by accountability-at or near the Chouteau County Detention Center. Two days later, the State filed a Petition to Revoke Deferred Sentence in his 2020 case.
Griffith is not entitled to a response to his change of venue requests. Griffith has received no response from the court because he has court-appointed counsel to represent him in his criminal proceedings. This Court has held that "a district court may refuse to accept;7ro se motions from defendants who are adequately represented by counsel." State V. Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d 1191. As of April 14, 2022, Griffith has the same attorney for all his pending matters.
Griffith has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. Griffith has pending criminal cases that have not all been adjudicated. He has counsel to represent him, and he should discuss his concerns with his court-appointed attorney. He has not demonstrated want of bail or excessive bail. Section 46-22-103, MCA. Griffith has not put forth any supporting evidence for his claim of additional jail time credit, which would be determined when the court issues a final judgment. Griffith has the remedy of appeal with this Court of any final judgments, once issued. Section 46-20-104(1), MCA. Therefore, IT IS ORDERED that Griffith's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: the Honorable Kaydee N. Snipes Ruiz, District Court Judge, Twelfth Judicial District; Rick Cook, Clerk of District Court, Chouteau County, under Cause Nos. DC-20-05, DC-21-10, DC-2I-12, and DC-22-04; Stephen A. Gannon, Chouteau County Attorney; Paul Neal, Defense Counsel; counsel of record; Dan Grove, Detention Officer/Jail Administrator; and to Steven W. Griffith personally.