Opinion
OP 23-0254
05-16-2023
JOHN SIMPSON, Petitioner. v. SERGEANT BRADLEY BRAGG, Respondent.
ORDER
Representing himself, Petitioner John Simpson has filed a petition for a writ of habeas corpus, indicating that his incarceration is illegal. He states that he "has never been convicted of a crime and thus at this time should have no conditions of a criminal sentence imposed upon him by the State of Montana."
Simpson states that he was arrested on September 20, 2022. Simpson raises "his constitutional presumption of innocence" because he is awaiting his "constitutionally protected right to a trial by a jury of his peers[.]" Simpson refers to Montana statutes concerning pleas and jury trial procedure. He cites to several federal and Montana cases about an inmate's interest in his account or funds as well as the protected property interest of such fund. Simpson requests a court order "directing the Respondents to stop all illegal seizures of Petitioner's monies based on a[n] illegal interpretation of the law."
We secured a copy of the register of actions and a recent minute entry for March 8, 2023, after amendment and filing on March 15, 2023. The State sought to charge Simpson in October 2022. and leave to file was granted on October 17, 2022. Also, on that day, the Justice Court set bond conditions. Simpson was arraigned the next day. Since then, the Lewis and Clark County District Court held a final pretrial conference on March 8, 2023. Simpson and his counsel were present. Simpson's attorney moved the District Court to continue the trial dates because his counsel requested more time to reach a resolution. The District Court granted the motion, setting a jury trial for August 21, 2023, Simpson's claims are somewhat contusing. Simpson mentions sentencing, yet he has not been convicted or sentenced. He refers to "conditions of a criminal sentence" while not providing any example of a condition that is problematic. He does not argue about bail or want of bail, pursuant to § 46-22-103, MCA. Simpson also mentions his account or funds during pre-trial detention, but he does not describe what has happened to his funds or account.
This Court concludes that Simpson has not presented a prima facie case for habeas corpus relief. Simpson, as a Petitioner here, "has the burden of proof or the burden of persuasion." In re Hart. 178 Mont. 235. 249. 583 P.2d 411.419 (1978). He has not met his burden. Simpson provides very little information without "proving the violation. deprivation, infringement, or denial of his constitutional, statutory, or legal rights generally[.]" Hart, 178 Mont, at 250, 583 P.2d at 419. Simpson has not demonstrated illegal incarceration. Section 46-22-101(1). MCA.
We point out that Simpson has counsel to represent him in his underlying proceeding. Simpson should raise any concerns about criminal procedure as well as his account funds to his attorney and in the District Court.
Simpson is not entitled to his requested relief. Therefore, IT IS ORDERED that Simpson'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 Mike Menahan. District Court Judge: Angie Sparks, Clerk of District Court, Lewis and Clark County, under Cause No. ADC 2022-491; Kathleen Jensen, Deputy County Attorney; Jay Reno, Defense Counsel; counsel of record, and John Simpson personally.