, ORIGINAL 10/31/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0609
OP 23-0609
STEVEN GENE JOHNSON,
Petitioner,
v.
ORDER
SGT. BRADLEY BRAGG,
Lewis and Clark County Detention Center, RILED
Respondent.
OCT 31 2023
Bowen Greenwood
Clerk of Supreme Court
State of Montana
Steven Gene Johnson petitions this Court for habeas corpus relief relative to his
custody in the Lewis and Clark County Jail. As his basis for claiming entitlement to habeas
corpus relief, Johnson states:
STRAIGHT DEFENCE [sic]
PRO-SEY [sic] DEFENDANT
STEVEN GENE JOHNSON
We secured copies of the register of actions and the latest entry. On October 3,
2023, the Lewis and Clark County District Court held an arraignment for Johnson who had
counsel to represent him. The entry reflects that Johnson refused to be represented by
counsel from the Office of Public Defender and that he wanted to represent himself. The
court set dates for further proceedings.
Johnson has not presented a prima facie case for habeas corpus relief Johnson, 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. Johnson has not
demonstrated any proof of "the violation, deprivation, infringement, or denial of his
constitutional, statutory, or legal rights generally[.]" Hart, 178 Mont. at 250, 583 P.2d at
419. Johnson's request to represent himself is a matter for the District Court, not this Court
to entertain.
Johnson should refrain from filing pleadings on his own behalf in this Court while
he is represented by counsel. M. R. App. P. 10(1)(c). See also State v. Samples, 2005 MT
210, ¶ 15, 328 Mont. 242, 119 P.3d 1191 (This Court observed "that a district court may
refuse to accept pro se motions from defendants who are adequately represented by
counsel.").
Johnson has not demonstrated illegal incarceration or restraint. Section
46-22-101(1), MCA. Accordingly,
IT IS ORDERED that Johnson's Petition for Writ of Habeas Corpus is DENIED
and DISMISSED.
IT IS FURTHER ORDERED that the Clerk of the Supreme Court shall CLOSE this
case as of this Order's date.
The Clerk is directed to provide a copy of this Order to: the Honorable Kathy Seeley,
District Court Judge; Angie Sparks, Clerk of District Court, under Cause no. CDC
2023465; Kathleen Jensen, Lewis and Clark County Deputy Attorney; Suzanne Seburn,
Defense Counsel; Sgt. Bradley Bragg, LCCDC; counsel of record, and Steven Gene
Johnson personally. .24_
DATED this -1 1 'lay of October, 2023.
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Justices
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