ORIGINAL 12/05/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0661
OP 23-0661
BOBBY F. LOWRY V,
Petitioner,
v. ORDER
CAPTAIN BRAGG, RILED
Lewis and Clark County Detention Center,
DEC 5 2023
Bowen Greenwood
Respondent. Clei K of Supreme Court
State of Montanal
Bobby F. Lowry V has filed a Petition for Writ of Habeas Corpus, asking this Court
to "intervene" in his recent jury conviction in the Lewis and Clark County District Court
because direct appeal will not provide a timely remedy. He also "moves this Court to
assign him legal and hearing assistance to allow him to participate in this writ process" and
to overturn his conviction. Lowry explains that he could not participate in his legal
proceedings because of his inability to hear or to afford a replacement hearing aid.
Habeas corpus affords applicants an opportunity to collaterally challenge the
legality of their present incarceration but is not a substitute for direct appeal of a person's
conviction. Lott v. State, 2006 MT 279, ¶ 9, 334 Mont. 270, 150 P.3d 337. Lowry is
incarcerated pending sentencing for his conviction. Direct appeal is an adequate remedy,
and the required process, for a challenge to that conviction. Section 46-22-101(2), MCA.
IT IS THEREFORE ORDERED that Lowry's Petition for Writ of Habeas Corpus
is DENIED and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to Angie
Sparks, Clerk of District Court, Lewis and Clark County, under Cause No. BDC-2022-131
and for distribution to counsel of record in the criminal case; to counsel of record, and to
Bobby F. Lowry V personally.
2 4-/"\—,
DATED this-S day of Decernber, 2023.
eS21i / 04
Justices
2