Opinion
OP 24-0304
05-29-2024
DANIEL J. MAROZZO, Petitioner, v. DARRIN SHORT, SHERIFF, LINCOLN COUNTY SHERIFFS OFFICE, Respondent.
ORDER
Seeking his immediate release from the Lincoln County Jail, Daniel J. Marozzo has filed a Petition for Writ of Habeas Corpus, alleging numerous constitutional violations. Marozzo raises claims concerning his attorney, the issue of fitness, and the charges. He states that his "family and Lincoln County shall be held [accountable] for their actions" which he contends violates his right of equal protection of the law. He further states that he has been incarcerated for fourteen months and that he "did not commit any of the charged offenses." Marozzo puts forth that he is entitled to habeas corpus relief because of the various violations of his constitutional rights under both the Montana Constitution and U.S. Constitution.
We secured a copy of the register of actions from the Lincoln County District Court. The State charged Marozzo in June of 2023, and Marozzo retained counsel. The District Court has pending motions concerning the vacating of the Order for a fitness to proceed evaluation and to re-set the jury trial.
Marozzo's remedy is not with this Court. i4[E]very person imprisoned or otherwise restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint." Section 46-22-101(1), MCA. Marozzo has not demonstrated illegal incarceration. The cause of Marozzo's incarceration is due to his pending criminal case in the District Court, and the remedy of habeas corpus relief does not lie with constitutional violations. Gates v. Missoula County Comm'rs, 235 Mont. 261, 262, 766 P.2d 884, 884-85 (1988). Marozzo's asserted claims may be more appropriate for an appeal. Section 46-22-101(1), MCA.
Marozzo should also refrain from filing petitions on his own behalf in this Court while he is represented by counsel. M. R. App. P. 10(1)(c). Accordingly, IT IS ORDERED that Marozzo's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.
The Clerk is directed to provide a copy to: the Honorable Matthew J. Cuffe, District Court Judge; Tricia Brooks, Clerk of District Court, Lincoln County, under Cause No. DC-23-52; Marcia Boris, Lincoln County Attorney; Ben Kolter, Defense Counsel; counsel of record, and Daniel A. Marozzo personally.