M. Adams v. Cpt. Bragg ( 2023 )

ORIGINAL 04/12/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0171
OP 23-0171
MICHAEL PAUL ADAMS, An 1 1 2023
Bowen G -.ono
-cwr.-.) Court
Petitioner, Stau4 ArIntana
v. ORDER
SGT. BRADLEY BRAGG,
Respondent.
Self-represented Petitioner Michael Paul Adams petitions this Court for habeas
corpus relief, claiming he is illegally incarcerated. He requests his immediate release from
prison "[a]nd that [his] illegal conviction under false jurisdiction be vacated." Adams is
currently held in the Lewis and Clark County Detention Center.
Adams explains that, on June 15, 2022, he was arrested "at his home located on his
tribal lands at Fort Peck Reservation." Adams argues that the Lewis and Clark County
arrest warrant did not have jurisdiction over tribal lands. He suggests that the State of
Montana should have sought a warrant through tribal court and requested his extradition.
Adams contends that the arrest was illegal because it "was predicated on an invalid
warrant." Adams concludes that as a result, his conviction is illegal.
We secured a copy of the District Court's register of actions. The State sought to
charge Adams in July 2022, and in January 2023, counsel for Adams moved the court to
hold a change of plea hearing. The register of actions reveals the filing of an
Acknowledgment of Waiver of Rights and Plea Agreement on January 19, 2023. The
change of plea hearing was re-set for April 6, 2023.
Adams cannot challenge his conviction by the remedy of habeas corpus. Section
46-22-101(1), MCA. His claims concerning jurisdiction and his conviction are better
addressed in a direct appeal with this Court where the entire record is available for review.
M. R. App. P. 4(5)(b)(i); § 46-20-104(1), MCA. Adams has not dernonstrated illegal
incarceration. Section 46-22-101(1), MCA.
We caution Adarns to refrain from filing pleadings with this Court while he is
represented by counsel in the District Court. M. R. App. P. 10(1)(c). Accordingly,
IT IS ORDERED that Adams's Petition for Writ of Habeas Corpus is DENIED and
DISMISSED.
The Clerk is directed to provide a copy of this Order to: the Honorable Christopher
D. Abbott, First Judicial District Court; Angie Sparks, Clerk of District Court, Lewis and
Clark County, under Cause No. DDC 2022-335; counsel of record; Kevin Downs, Lewis
and Clark County Attorney; Bryan Norcross, Defense Counsel; Sergeant Bragg. and
Michael Paul Adams personally.
DATED this ) 1 "ffay of April, 2023.
vd e)?
Chief Justice
Justices
2