J. Ahenakew v. Salmonsen

n ORIGINAL 01/17/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 22-0749
OP 22-0749
FILED
JORDAN AHENAKEW,
JAN 1 7 2023
BOVVerl Greenwood
Petitioner, Clerk of St:creme Court
State or Montana
v.
ORDER
JAMES SALMONSEN, Warden,
Montana State Prison,
Respondent.
Self-represented Petitioner Jordan Ahenakew has filed a Petition for Writ of Habeas
Corpus, explaining that the charge of escape should be dismissed because he did not leave
the county and he turned himself into authorities. He states that he "didn't intentionally
walk away" and that he "was going through a lot of stress dealing with child protective
services . . . ." Ahenakew maintains that he wanted to get his kids back and that the pre-
release center was not treating him well. He contends that the pre-release center interfered
with his treatment program and mandatory visits with his kids. Ahenakew adds that he
wants to continue his treatment plan and to be with his children.
Ahenakew does not provide documents concerning any legal proceeding. As a
petitioner, he has the burden to provide this Court with supporting documentation
concerning illegal restraint or incarceration in the Montana State Prison. In re Hart, 178
Mont. 235, 249-50, 583 P.2d 411, 419 (1978). It is not clear whether Ahenakew's
probation was revoked in a court or if he has been charged with escape.
Available electronic records indicate that in February 2020, the Hill County District
Court continued Ahenakew's deferred imposition of sentence for 2015 criminal mischief
and theft convictions. At that time, the court recognized the need for treatment for
Ahenakew's addiction and placement in a treatment facility. On March 15, 2021, the court
revoked Ahenakew's sentence for violating his terms and conditions of the original 2018
Judgment. The court imposed a three-year sentence to the Department of Corrections and
recommended placement in the Great Falls Pre-release Center. The court noted that this
was his second revocation and that he "has struggled with reporting to his Probation
Officer."
This Court cannot provide Ahenakew with any relief. Ahenakew has not
demonstrated illegal incarceration. Section 46-22-101(1), MCA. He is further constrained
here because he cannot challenge a sentence upon revocation through this remedy of habeas
corpus. Section 46-22-101(2), MCA. Concerning his claims giving rise to the escape
charge, he should have the opportunity to inform counsel about his situation if he were to
face charges in a District Court. Therefore,
IT IS ORDERED that Ahenakew's Petition for Writ of Habeas Corpus is DENIED
and DISMISSED.
The Clerk of the Supreme Court will provide a copy to counsel of record and to
Jordan Ahenakew personally.
DATED this / day of January, 2023.
,./.(e--/.
Chief Justice
/
94 Pi 0 UL
Justices
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