# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA

MICHAEL S. RUSSELL,

Petitioner,

v. STATE OF MONTANA, and JASON FREDERICK, Sheriff,

Respondents. OP 22-0313 L

## JUL 1 2 2022
Bovvn UreL:rivvood Clod< of Supreme Court State of Montana
ORDER

Michael S.Russell has filed a Petition for Writ ofHabeas Corpus, claiming thathis sentence is illegal because it is longer than the law allows and that he isbeing held injail
on excessive bail. Russell provides that he has been held more than "17 days past the 60-day limit since waiver of extradition
. . ." and that he has not had a status hearing in
more than "28 days." Russell provides no more information in his Petition, except that he isbeingheld in the Roosevelt County Jail. We amend the caption to include the Sheriffof Roosevelt County. Section 46-22-201(1)(c), MCA. This Court secured copies oftwo registers ofaction for pending criminal cases in theFifteen Judicial District Court, Sheridan County. InNovember 2016,the State charged Russell with felony driving under the influence of alcohol or drugs (DUI) along with several misdemeanor offenses. TheDistrict Court resetthetrial date several timesoverthe next year, and then, after a pretrial agreement was filed, the court re-set the sentencing hearing in February 2019. Within two weeks, the court issued a bench warrant, and sentencing judgrnent was filed in April 2019 (hereinafter 2019 sentence). The State petitioned the court for revocation in 2021. In April 2021, the State filed new charges of felony criminal possession ofdangerous drugs and misdemeanor criminal trespass against Russell. TheDistrict Court issued a finaljudgment in October 2021 andrevokedRussell's 07/12/2022

Case Number: OP 22-03132019 sentence. In March 2022, the State filed petitions for revocation again inboth cases.

Since then, a hearing on the petitions has been continued. The revocation proceedings remain pending. Russell is represented by counsel. Russell should refrain from filingpleadingson hisown behalfwith thisCourtwhile he is represented by counsel in the District Court. M. R. App. P. 10(1)(c). While Russell references excessive bail, he has not advanced any arguments about want ofbail or even the bail's amount. Section 46-22-103, MCA. Russell, as a Petitioner to this Court, has the burden to provide supporting arguments and documents concerning illegal incarceration. Miller v. Eleventh Judicial Dist. Ct., 2007 MT 58, 336 Mont. 207, 154 P.3d 1186. He has not done so. Russell hasnot demonstratedthatheisillegally incarcerated. Section46-22-101(1), MCA. The cause of his incarceration is the pending revocations of his criminal cases. Russell isprecluded from challenginghissentence upon revocationthrough this remedy of habeas corpus relief. Section 46-22-101(2), MCA. He is not entitled to release. After his proceedings have concluded in the District Court, Russell retains the remedy ofappeal of the court's finaljudgments to this Court. Section 46-20-104, MCA. IT IS THEREFORE ORDERED that Russell's Petition for Writ ofHabeas Corpus isDENIED and DISMISSED. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to: the Honorable Katherine M. Bidegaray, District Court Judge; Kristin Kelm, Clerk ofDistrict Court, Sheridan County, under Cause Nos. DC-2016-21 and DC-2021-2; Benjamin J. Fosland, Sheridan County Attorney; Allison L. Moulton, Defense Counsel; Jason Frederick, Sheriff; couns4 11 o4record; and Michael S. Russell personally. DATED this 

## hy ofJuly, 2022.

ChiefJustice. eC.e.----_, ' i 'lr-41

71:stices

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