B. Daffin v. Salmonsen ( 2023 )

D ORIGINAL 11/14/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 23-0624
OP 23-0624
FILED
BRAD EDWARD DAFFIN, NOV 1 4 2023
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Petitioner,
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ORDER
JIM SALMONSEN, WARDEN
Respondent.
Brad Edward Daffin alleges illegal incarceration and requests his immediate release
in his Petition for Writ of Habeas Corpus. He argues his incarceration is illegal because
the State improperly commenced his criminal prosecution via an Information, offering that
"these informations, of every kind, are confined by the Constitutional law to mere
misdemeanors only," citing Blackstone's Commentaries and other case law from the 19th
century ("the 'King's Bench' [now] is codified Constitutional law out of the United States
Supreme Court, and in use in the Colony(s) which [later] became the United States of
America.").
In 2014, the State of Montana charged Daffin with seventeen felonies in District
Court. A jury found him guilty of sixteen offenses, and on September 16, 2015, the District
Court issued a Judgment and Commitment that sentenced Daffin to five consecutive life
sentences. Through counsel, Daffin appealed, challenging the court's admittance of
evidence and its application of the Rape Shield Law. State v. Daffin, 2017 MT 76, 387
Mont. 154, 392 P.3d 150. This Court affirmed his convictions. Daffin, ¶¶ 1, 35.
Daffin cites to § 1-1-105, MCA, as a basis for his arguments. That section reads:
"The organic law is the constitution of government and is altogether written. Other written
laws are denominated statutes. The written law of this state is therefore contained in its
constitution and statutes and in the constitution and statutes of the United States."
However, within that title and chapter, another statute provides that Montana law take
precedence. "In this state there is no common law in any case where the law is declared
by statute." Section 1-1-108, MCA. Under § 1-1-109, MCA, "[t]he common law of
England . . . is the rule of decision in all the courts of this state[,]" as long as it is not
"inconsistent with" the laws of constitution of this State.
Montana's Legislature has declared by statute that an information is one method to
charge an offender with a felony criminal offense. Section 46-11-101(3), MCA. This
Court has held that Montana statutes offer four methods to commence a prosecution in this
state, one of which is "an information after leave of court has been granted[.]" State v.
Montgomery, 2015 MT 151, ¶ 11, 379 Mont. 353, 350 P.3d 77; § 46-11-101(3), MCA.
" [A] defendant is not entitled to any specific procedure." Montgomery, ¶ 11 (citing State
v. Haller, 2013 MT 199, ¶ 8, 371 Mont. 86, 306 P.3d 338) (internal citation omitted). If
the State commences prosecution by filing an application and an affidavit that identifies
supporting evidence demonstrating probable cause, the district court has subject matter
jurisdiction to proceed "over the felonies as stated in Mont. Const. art. VII, § 4(1) and § 3-
5-302(1)(a), MCA[.]" Montgomery, ¶ 11.
We conclude that Daffin is not entitled to a writ of habeas corpus. The State of
Montana commenced his felony prosecution according to Montana's Constitution and
statutes by filing an application and supporting affidavit for leave of court to charge Daffin
by information. Section 46-11-201(2), MCA (2013). See also Montgornery, in 9-11;
Mont. Const. art. II, § 20(1); §§ 46-11-101(3), and 46-11-102(1), MCA. The District Court
had subject matter jurisdiction, and the Judgment is not void. Daffin has not demonstrated
illegal incarceration. Section 46-22-101(1), MCA. Accordingly,
IT IS ORDERED that Daffin's Petition for Writ of Habeas Corpus is DENIED and
DISMISSED.
IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.
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The Clerk is directed to provide a copy to counsel of record and to Brad Edward
Daffin personally.
DATED this in day of November, 2023.
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