Opinion
OP 24-0225
04-23-2024
TIMOTHY C. HAITHCOX, Petitioner, v. JIM SALMONSEN, Warden, Montana State Prison, Respondent.
ORDER
Timothy C. Haithcox appears on his own behalf in his recently filed Petition for Writ of Habeas Corpus, questioning whether this Court or the District Court has any jurisdiction. Haithcox contends that he is being held illegally and requests his immediate release because of a void judgment. He posits in his attached, "Supplement Brieff,]" that: "The Court has failed in the past stating that its 5th Amendment of the Constitution U.S. has not been extended to [persons] in the State[]s." Haithcox refers to our decision in State v. Montgomery, 2015 MT 151, ¶ 11, 379 Mont. 353, 350 P.3d 77, where we pointed out that the U.S. Constitution's "Fifth Amendment's grand jury requirement has not been construed to apply to the states." Montgomery, ¶ 9. He puts forth that the Fourteenth Amendment "is and has been the controlling law and the protection of [h]is rights."
Haithcox is serving a thirty-year prison term. Last year, this Court entertained similar claims posited by Haithcox in a writ for extraordinary relief. See Haithcox v. Salmonsen, No. OP 23-0593, Order denying writ of habeas corpus (Mont. Oct. 24, 2023).
Like last year, we conclude Haithcox's arguments lack merit. In Montgomery, we also pointed to United States Supreme Court case law, distinguishing the grand jury requirement for indictment in federal cases as opposed to state cases. Montgomery, ¶ 9 (citing Apprendi v. New Jersey, 530 U.S. 466, 477 n.3, 120 S.Ct. 2348, 2355 n.3 (2000) (noting that the Fourteenth Amendment "has not . . . been construed to include the Fifth Amendment right to 'presentment or indictment of a Grand Jury. . .
The Montana Legislature has provided a statutory scheme for felony prosecution. The State of Montana commenced Haithcox's felony prosecution according to Montana's Constitution and under its applicable statutory scheme by fding an application which includes an information for leave of court along with an affidavit supported by evidence. Section 46-11-201(2), MCA (2015). See also Montgomery, ¶¶ 9-11; Mont. Const, art. II, § 20(1); §§ 46-11-101(3), and 46-11-102(1), MCA. The District Court had subject matter jurisdiction, and the court's judgment is not void.
Haithcox has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. His conviction is not void. Haithcox has a lawful sentence, and he is not entitled to his release. Therefore, IT IS ORDERED that Haithcox's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
IT IS FURTHER ORDERED that this case is CLOSED as of this Order's date.
The Clerk is directed to provide a copy of this Order to counsel of record and to Timothy C. Haithcox personally.