T. Bleick v. M. Johnson ( 2023 )

D ORIGINAL 09/26/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0493
OP 23-0493
TIMOTHY ROBERT BLEICK,
SEP 2 6 2023
Petitioner, Bow - n
• urt
Stutu
v.
ORDER
MARK JOHNSON, Facility Administrator,
Butte Silver Bow Detention Center,
Respondent.
Timothy Robert Bleick petitions this Court for habeas corpus relief, indicating that
his incarceration is illegal due to wrongful arrest. He explains that the charges were
ultimately dismissed because of "insufficient evidence" but he remained incarcerated in
the Butte-Silver Bow County Detention Center since June 5, 2023. He requests finishing
his five-months' "time on probation as a productive member of society." Bleick includes
copies of the police reports and court documents.
The June 5, 2023 police reports mention that law enforcement officers contacted
Bleick's Probation Officer after Bleick's arrest for the complaints about shots fired in city
limits. On July 26, 2023, the City Court in and for the City and County of Butte-Silver
Bow dismissed the criminal case against Bleick based upon the State's Motion to Dismiss.
Available electronic records indicated that Bleick was serving a conditional release,
beginning on January 20, 2023, in Butte. Sections 46-23-1011, and 46-23-1020, MCA. A
conditional release or discharge may be revoked upon a charge of a new offense or any
violation of a court's condition. See § 46-23-1020(3)(a), (b), or (c), MCA. Here, Bleick's
conditional release was revoked due to the new criminal offense in City Court. While the
court later dismissed the case, Bleick still was charged and lost his privileges for a
conditional discharge or release. Bleick was returned to Montana State Prison.
We conclude that Bleick's incarceration is not illegal. Bleick is not entitled to
habeas corpus relief. Section 46-22-101(1), MCA. Accordingly,
IT IS ORDERED that Bleick's Petition for Writ of Habeas Corpus is DENIED and
DISMISSED.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Timothy Robert Bleick, MSP, 700 Conley Drive, Deer Lodge, Montana, 59722.
DATED this ,c-4. day of Septernber, 2023.
4/1/ 7/ 4 0r)/
Chief Justice
‘94 M All-.
Justices
2