Opinion
OP 24-0196
04-16-2024
DONALD P. ROGERS, Petitioner, v. AUSTIN MILES KNUDSEN, Montana Department of Justice, Respondent.
ORDER
Self-represented Petitioner Donald P. Rogers has filed a petition for a writ of habeas corpus, a motion for appointment of counsel, and a petition to expunge records, alleging various errors in a National Crime Information Center (N.C. LC.) Report.
Rogers states that he relies on the Montana Supreme Court ruling for the accuracy of his criminal history. See State v. Rogers, 2013 MT 221, 371 Mont. 239, 306 P.3d 348 (Rogers I). Citing to § 46-23-510 and 46-32-101, MCA, he requests "expungement (1) upon entry of certificate of innocence." In his instant Petition, he claims that his due process rights have been violated because of the errors in his criminal history given that some of his convictions were overturned. Rogers requests various relief, including his immediate release, expungement of any sexual or violent crimes, and a preliminary or permanent injunction "ordering the State Department of Justice Criminal Records [Division] to stop and correct history of N.C. LC. data banks and all applicable systems[.]" Along with the copy of his N.C. I.C. Report, Rogers includes a copy of an October 24,2023 Supplemental Report of Violation filed by his Probation and Parole Officer.
In August 2013, this Court overturned eight convictions against Rogers entered in the Missoula County District Court because the State's introduction of his criminal history violated his right to a fair trial. Rogers I, ¶¶ 1, 45. We remanded his criminal case for a new trial on all charges. Rogers I, ¶ 46. More than a year later, this Court addressed Rogers's severed theft conviction, sex offender designation, and restitution. State v. Rogers, No. DA 12-0743, 2014 MT 258N, 2014 Mont. LEXIS 598 (Sept. 23, 2014) (Rogers II). We reversed and remanded, directing the District Court to correct the written judgment and to consider various conditions considering the correction. Rogers II, ¶¶ 9-10. In July 2014, Rogers appealed the District Court's judgment after remand for his conviction of partner or family member assault, third offense. This Court granted counsel's motion to withdraw on appeal, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967) and § 46-8-103(2), MCA, thereby dismissing his appeal. State v. Rogers, No. DA 14-0476, Order (Mont. Sept. 01, 2015) (Rogers III).
This Court has no jurisdiction over a federal entity, such as N.C. I.C., which is under the U.S. Department of Justice, Office of Justice Programs. Rogers has brought the wrong civil action to the wrong court and he is not entitled to a preliminary or permanent injunction under M. R. App. P. 14(4). Further, Habeas corpus allows applicants to challenge collaterally the cause of the restraint or incarceration. Section 46-22-101(1), MCA. It is not a remedy for constitutional claims. Gates v. Missoula Cnty. Comm'rs, 235 Mont. 261, 262, 766 P.2d 884, 884-85 (1988). Habeas corpus is not the civil remedy for alleged errors in Roger's criminal history because his claims do not go to the cause of his incarceration. Gates, 235 Mont, at 262, 766 P.2d at 884-85. We point out that Rogers is detained in the Ravalli County Detention Facility and that the cause of his incarceration is his new charge of felony driving under the influence, 4th or subsequent violation.
Rogers has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. He is not entitled to relief. Accordingly, IT IS ORDERED that:
1. Rogers's Petition for Writ of Habeas Corpus is DENIED and DISMISSED;
2. Rogers's Motion for Appointment of Counsel is DENIED, as moot; and
3. Rogers's Petition for Expungement is DISMISSED.
The Clerk is directed to provide a copy of this Order to counsel of record and Donald P. Rogers personally.