D ORIGINM, 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 24-0465 

DARREN C. DEMARIE, 

Petitioner, 

v. 

J.D. GODFREY, WARDEN, 

CROSSROADS CORRECTIONAL CENTER, 

Respondent. 

ORDER 

Darren C. DeMarie petitions this Court for habeas corpus relief, arguing that he was 

improperly prosecuted in the Thirteenth Judicial District Court, Yellowstone County. 

DeMarie asserts that he "recently discovered" this problem in his criminal case (Cause 

Number DC-91-261). DeMarie argues that he was "improperly prosecuted" because "the 

[S]tate failed to indict [him] by Grand Jury" and he never signed a "Waiver of Indictment 

by Grand Jury." As supporting authority for his argument, DeMarie cites Makin v. US., 

117 U.S. 348, 6 S. Ct. 777 (1886). 

In June 1991, the State of Montana charged DeMarie with felony deliberate 

hornicide by seeking leave to file an Information in Yellowstone County. On 

November 19, 1992, after accepting his earlier guilty plea, the District Court sentenced 

DeMarie to 100 years in the Montana State Prison. The court awarded 534 days of credit 

for time served and imposed a parole ineligibility restriction of seventeen and a half years. 

DeMarie did not appeal. 

In November 2022, the Powell County District Court sentenced DeMarie for two 

felonies, including conspiracy to commit escape. He received two concurrent, eight-year 

terms to run consecutively to his prior sentence. Through counsel, DeMarie has an appeal 

pending with this Court on his Powell County case. State v. DeMarie, No. DA 23-0017. 

08/27/2024

Case Number: OP 24-0465
DeMarie argues that because he was not indicted by a grand jury, his deliberate 

homicide conviction cannot stand. DeMarie requests his immediate release from prison 

and expungement of all charges. He also requests the "release and disrnissal of charges for 

all similarly situated Persons, Individuals, and Citizens of these United States of America 

being unlawfully held by the State of Montana[.]" (Emphasis in original). 

This Court has heard this argument before. State v. Montgomery, 2015 MT 151, 

379 Mont. 353, 350 P.3d 77. Almost a decade ago, we explained that the U.S. 

Constitution's "Fifth Amendment's grand jury requirement has not been construed to apply 

to the states." Montgomery, ¶ 9. DeMarie's premise and basis for his writ have no merit. 

In Montgomery, we pointed to more recent United States Supreme Court case law, 

distinguishing the grand jury requirement for indictment in federal cases as opposed to 

state cases. Montgomery, ¶ 9 (citing Apprendi v. New Jersey, 530 U.S. 466, 477 n.3, 120 

S. Ct. 2348, 2355 n.3 (2000) (noting that the Fourteenth Amendment "has not . . . been 

construed to include the Fifth Amendment right to 'presentment or indictment of a Grand 

Jury. . . .'")). 

The Montana Legislature has provided a statutory scheme for felony prosecution. 

This Court has held that Montana statutes offer four methods to commence a prosecution 

in this state, one of which is "an information after leave of court has been granted[d" 

Montgomery, ¶ 11; §, 46-11-101(3), MCA. In Montana, an information is one method to 

charge an offender with a criminal offense—misdemeanor or felony—under statute. 

Section 46-11-101(3), MCA. "` [A] defendant is not entitled to any specific procedure.' " 

Montgomery, ¶ 11 (citing State v. Haller, 2013 MT 199, ¶ 8, 371 Mont. 86, 306 P.3d 338) 

(internal citation omitted). If the State commences prosecution by filing an application and 

an affidavit that identifies supporting evidence demonstrating probable cause, the district 

court has subject matter jurisdiction to proceed "over the felonies as stated in Mont. Const. 

art. VII, § 4(1) and § 3-5-302(1)(a), MCAH" Montgomery, ¶ 11. 

The State of Montana cornmenced DeMarie's felony prosecution according to 

Montana's Constitution and under its applicable statutory scheme by filing an application 

which includes an information for leave of court along with an affidavit supported by 

2 
evidence. Section 46-11-201(2), MCA (1989). See also Montgomery, T11 9-11; Mont. 

Const. art. II, § 20(1); §§ 46-11-101(3), and 46-11-102(1), MCA. The District Court had 

subject matter jurisdiction. The State was not required to obtain DeMarie's waiver of his 

right to indictment by grand jury because he had no right to indictment by grand jury. 

DeMarie cannot request relief for or otherwise represent "similarly situated" 

persons because he is not a licensed attorney. Section 37-61-201, MCA. 

DeMarie has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. 

DeMarie was not improperly prosecuted, and his conviction is not void. DeMarie has a 

lawful sentence, and he is not entitled to his release. Therefore; 

IT IS ORDERED that DeMarie's Petition for Writ of Habeas Corpus is DENIED 

and DISMISSED. 

IT IS FURTHER ORDERED that this case is CLOSED as of this Order's date. 

The Clerk is directed to provide a copy of this Order to counsel of record and to 

Darren Charles DeMarie pmnally. 

DATED this a_R-- day of August, 2024. 

FILED 

AUG 2 7 2024 

Bowen Greenwood 

Clerk of Supreme Court 

State of Montana 

3 

e, 

ge. 

Justices