S. Lee v. Valdez

• Court: Montana Supreme Court
• Decided: August 23, 2022
• Docket: OP 22-0411
• Status: Unpublished

Opinion

08/23/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 22-0411

OP 22-0411

STUART LEE, AUG 2 3 2022 Bowen Greenwood Petitioner, Cleric of Supmme Court State of Montana

v. ORDER

COMMANDER JASON VALDEZ,

Respondent.

Stuart Lee has filed a Petition for Writ of Habeas Corpus, claiming that his sentence is illegal and that his bail is excessive while he is being held in jail. Lee is currently in the Yellowstone County Detention Center. Lee states that his right to a speedy trial has been violated under the constitution. He "would like for a motion put in to have rny case dismissed due to having my constitutional rights violated." Lee has not presented a prima facie case for habeas corpus relief. Miller v. Eleventh Judicial District Court, 2007 MT 58, ¶ 11, 336 Mont. 207, 154 P.3d 1186. 13esides the three partial sentences in his petition, he has given no basis, argurnent, or supporting documents about his situation and the underlying case. Although he checked the box on the forrn alleging "excessive bail," Lee makes no claim for want of bail, pursuant to § 46- 22-103, MCA. Lee's claim of constitutional rights violations for alleged lack of a speedy trial may be raised on appeal from any final judgment in the criminal case. He has provided no further information to explain or justify his petition. Lee is not entitled to habeas corpus relief or his immediate release. IT IS THEREFORE ORDERED that Lee's Petition for Writ of Habeas Corpus is DENIED and DISMISSED. The Clerk of the Suprerne Court is directed to provide a copy of this Order to counsel of record and to Stuart Lee personally. DATED this- ay of August, 2022.

Chief Justice

0 24 'AUL.

_ e r:2 egfi:ih..s k e ,

Justices