Opinion
OP 24-0600
11-12-2024
BRYCE ALLEN JOHNSON, Petitioner, v. DEMETRIC GODFREY, WARDEN, CROSSROADS CORRECTIONAL FACILITY, Respondent.
ORDER
Self-represented Petitioner Bryce Allen Johnson has filed a Petition for Writ of Habeas Corpus, indicating illegal incarceration and requesting his immediate release from prison. Johnson puts forth that this Court should "expunge" the five criminal cases, dating back to 2018, from the Fourth Judicial District Court where he received convictions and sentences. He never appealed his convictions and sentences. Johnson includes a copy of a three-page form, alleging that "the State failed to indict by grand jury[,]" and listing fourteen issues, which appears to be circulating around the Crossroads Correctional Facility where Johnson is incarcerated.
Johnson's argument challenges the District Court's jurisdiction due to the commencement method for felony prosecution. Johnson's premise and basis for his writ lack merit. This Court has heard this argument before. State v. Montgomery, 2015 MT 151, 379 Mont. 353, 350 P.3d 'll. Almost a decade ago, we explained that the U.S. Constitution's "Fifth Amendment's grand jury requirement has not been construed to apply to the states." Montgomery, ¶ 9. In Montgomery, we pointed to more recent 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 District Court had subject matter jurisdiction. Montgomery, ¶ 11. We decline to consider Johnson's fourteen issues in a writ of habeas corpus.
Johnson has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. By not appealing, Johnson has exhausted the remedy of appeal, and he cannot now raise claims concerning his convictions. He is precluded procedurally from challenging it. Section 46-22-101(2), MCA. He was not improperly prosecuted, and his convictions are not void. Johnson has a lawful sentence, and he is not entitled to his release. Therefore, IT IS ORDERED that Johnson'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 Bryce Allen Johnson personally.