Opinion
OP 24-0021
01-30-2024
CLIFFORD OLD-HORN, Petitioner, v. DON BELL, Sheriff, Lake County Detention Center, Respondent.
ORDER
Clifford Old-Horn has returned to this Court with a Petition for Writ of Habeas Corpus, explaining that he is "entitled to an O.R. bond and to be immediately released as the pending charges were dismissed on 12-22-23." Citing to § 46-22-103, MCA, he asserts that an O.R. release is appropriate. Old-Horn is being held in the Lake County Detention Center.
This Court is familiar with Old-Horn's history. Last year, he petitioned this Court for habeas corpus relief, "asserting that he should be released on his own recognizance (O/R) or receive a bond reduction for his pending criminal case in the Lake County District Court." Old-Horn v. Bell, No. OP 23-0654, Order (Mont. Nov. 21, 2023) (Old-Horn I). At that time, he included a copy of a second, supplemental Report of Violation, dated October 10, 2023. We denied his petition, explaining that:
Regardless of the status of his misdemeanor case, under Montana law, Old-Horn's Probation Officer had to file the Report of Violation. See §§46-23-1012(1), and (5), MCA. We point out that even when a court dismisses the offense, a noncompliance violation has still occurred. "'Compliance violation' means a violation of the conditions of supervision that is not... a new criminal offense." Section 46-23-100 l(3)(a), MCA. See also § 46-18-203(1 l)(b)(iv), MCA. Old-Horn's charges on two misdemeanors in Missoula County, which are noncompliance violations, led to the violation report-regardless of whether the Municipal Court may later dismiss the misdemeanors.Old-Horn I, at 2. We pointed out that the cause of Old-Horn's restraint was his pending criminal case in the Lake County District Court. Old-Horn I, at 2. This Court also explained that his relief was in the District Court.
This Court has determined that a district court has 'the discretion to grant or deny release and bail as well to set conditions. Grafft v. Mont. Fourth JudicialDist. Ct., 2021 MT 201, ¶ .11,405 Mont. 192, 492 P.3d 1213. Given the several reports of violations filed in the District Court since June 2023, the District Court is the place to decide any bail modification or O/R release. Old-Horn's relief is not with this Court.Old-Horn 7, at 2.
Earlier this month, we denied his second request for habeas corpus relief where he referenced the Lake County Board of Commissioners' notice of withdrawal of consent to enforce Public Law 280. Old-Horn v. Bell, No. OP 23-0706, Order (Mont. Jan. 2, 2024) (Old-Horn IT). We said, in part:
Old-Horn has not presented a prima facie case for habeas corpus relief. Lake County's notice of withdrawal does not affect his sentence, imposed prior to any notice, tribal resolution, or Governor proclamation. He has not . demonstrated an illegal sentence. Old-Horn is not entitled to release.Old-Horn II, at 2.
Old-Horn raises the same arguments here. The charges he states were dismissed were Missoula County charges; he still is being held on a petition to revoke relating to Lake County charges. Old-Horn is not entitled to an O.R. release. The District Court has set a bond amount; there is no want of bail for habeas corpus purposes, pursuant to § 46-22-103, MCA. See also §§ 46-9-102(1), and 46-23-1012(3)(c), MCA. The District Court has legal authority to do so. Old-Horn I, at 2. Old-Horn is not entitled to habeas corpus relief.
As stated previously, Old-Horn should refrain from filing pleadings on his own behalf with this Court while he is represented by counsel. M. R. App. P. 10(1)(c).
IT IS THEREFORE ORDERED that Old-Horn's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
The Clerk is directed to provide a copy of this Order to: the Honorable Molly Owen, District Court Judge; Lyn Fricker, Clerk of District Court, under Cause No. DC-05-31; Donald Bell, Lake County Sheriff; James Lapotka, Lake County Attorney; Dustin Allen, Defense Counsel; counsel of record, and Clifford Old-Horn personally.