Opinion
OP 22-0746
01-10-2023
MICHAEL RENAE HAGMAN, Petitioner, v. CPT. BRADLEY BRAGG, Lewis & Clark County Detention Center, Respondent.
ORDER
Michael Renae Hagman has filed a Petition for Writ of Habeas Corpus, claiming he is being held in jail under excessive bail.
Hagman argues the Lewis and Clark County District Court's setting of a $250,000 bail is excessive for his circumstances, citing § 46-22-103, MCA. He provides a limited history, including prior charges, and asserts the current allegations "were part of the originally, wrongly accused criminal episode, and were not new allegations." Noting his charges for violating a protective order, he argues the case "does not involve any physical contact and simply came into existence by an 'alleged victim' attempting to maneuver a court in said 'victim[']s' divorce proceedings." Hagman adds his attempted contact with his children should not support a charge because the "children were not listed as parties to any order of protection until after [he] was charged with a crime." He requests his release.
We requested and reviewed the register of actions. Hagman has been charged with eight offenses in the subject case. The State initially charged him in August of 2021 with six counts, including four counts of violation of a protective order, and then apparently amended the information in June 2022 by adding two counts of stalking. In September 2022, the State moved to file a supplemental affidavit concerning a ninth offense, and the court's warrant of arrest was served. On November 2, 2022, the court issued an order maintaining all previous conditions after a bail hearing. 1
Hagman has not demonstrated illegal incarceration or detention. Section 46-22101(1), MCA. Hagman has a bail amount imposed, and the court has recently entertained a motion to reduce bond. This Court has determined that a district court has the discretion to grant or deny release and bail as well to set conditions. Graffl v. Mont. Fourth Judicial Dist. Ct., 2021 MT 201, ¶ 11, 405 Mont. 192, 492 P.3d 1213. In setting bail, Montana courts are constrained to the twelve factors enumerated in § 46-9-301, MCA, and within those restrictions the amount is left to the trial court's sound discretion and will be upheld if reasonable. Grafft, ¶ 14 (quotation and citation omitted). Hagman is represented by counsel in his underlying proceeding.
Hagman is not entitled to release. Hagman should refrain from filing pleadings on his own behalf with this Court when he is represented by counsel. M. R. App. P. 10(1)(c); State v. Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d 1191. He has the remedy of appealing any conviction and sentence to this Court after the District Court issues a final judgment. Accordingly, IT IS ORDERED that Hagman'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 Michael F. McMahon, District Court Judge; Angie Sparks, Clerk of District Court, Lewis and Clark County, under Cause No. BDC-21-394; Fallon Stanton, Deputy County Attorney; Jon Moog, Defense Counsel; counsel of record, and Michael Renae Hagman personally. 2