Jackson v. Johnson

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DANE ELDER JACKSON. Petitioner, v. MARK JOHNSON. Respondent.

No. OP 23-0080

Supreme Court of Montana

February 28, 2023

ORDER

Dane Elder Jackson petitions this Court for habeas corpus relief requesting dismissal due to the violation of his "significant constitutional right" to a speedy trial. Jackson provides that he was arrested and charged on February 3, 2021, for burglary and theft. He states that he has been incarcerated for 730 days "without a set trial date or receiving full discovery, and video evidence." He is in the Butte-Silver Bow County Jail.

Jackson does not provide any other information. We secured a copy of the court's docket. The Butte-Silver Bow County District Court received the Justice Court record in March 2021. More than five months later. Jackson filed a pro se motion for appointment of new counsel. The court held an omnibus hearing on August 17, 2021, and issued an order. In October 2021, new counsel was substituted for Jackson; the court held a bond hearing. Additionally, the court issued an order on October 25 setting trial. On December 1, 2021. the court issued another order setting the final pretrial conference and trial. Jackson's counsel moved in February 2022 to continue the trial and filed a waiver of speedy trial on March 1, 2022. On August 29, 2022, following additional continuances, Jackson's counsel moved the District Court to vacate the trial and set the matter for a change of plea which the court did. On February 6, 2023. the court set the matter for a status and change of plea hearing. The pre-trial agreement was filed on February 7,2023.

Jackson's Petition was filed with this Court on February 1, 2023 before the change of plea hearing. Montana's statute for habeas corpus relief provides that a court may

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inquire into the cause of restraint or incarceration to determine its illegality. Section 46-22-101(1), MCA. We conclude that Jackson has not...