S. Fisher v. D. Bell ( 2023 )

02/08/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0051
OP 23-0051
FLED
SHELDON FISHER, FEB 0 7 29,23
ofnsGureenwood
Bowa
prerne Court
Petitioner, Clt-rk
State of
Montana
v. ORDER
DON BELL, Lake County Sheriff,
Respondent.
Sheldon Fisher has filed a Petition for Writ of Habeas Corpus, requesting his
immediate release and dismissal of the charges. Fisher is detained in the Lake County Jail.
Fisher contends ,that his incarceration is illegal due to two reasons. He states that
Public Law 280 prevents the commencement of charges for offenses committed within the
Confederated Salish and Kootenai Tribal boundaries. He also indicates that his bail is
excessive, though he provides no information regarding the amount of bail for his two
pending cases in the Lake County District Court.
We secured copies of the register of actions. It appears that Fisher's requests already
have been fulfilled. The District Court issued an Order to Dismiss without Prejudice on
January 13, 2023, in Fisher's case for criminal possession and a similar order on January
30, 2023, in Fisher's case for burglary. The cOurt has dismissed his cases.
"A question is rendered moot when, due to some event or happening, the issue
ceases to exist and the court cannot grant effective relief." Cape v. Crossroads Corr. Ctr.,
2004 MT 265, ¶ 25, 323 Mont. 140, 99 P.3d 171. Fisher's claims are now moot. He is not
entitled to habeas corpus relief.
IT IS THEREFORE ORDERED that Fisher's Petition for Writ of Habeas Corpus is
DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: the
Honorable Molly Owen, District Court Judge; Lyn Fricker, Clerk of District Court, Lake
County, under Cause Nos. DC-2022-145 and DC-2021-341; Benjamin Anciaux, County
Attorney; Sterling Laudon, Defense Counsel; counsel of record, and Sheldon Fisher
personally.
DATED this l?44/Clay of February, 2023.
Justices