Opinion
OP 22-0713
01-03-2023
FRANK MASCARENA, Petitioner, v. MONTANA STATE HOSPITAL, CARTER ANDERSON, Interim Administrator, Respondent.
ORDER
Frank Mascarena petitions this Court for habeas corpus relief due to his pending criminal proceeding in the Thirteenth Judicial District Court, Yellowstone County, and because the presiding Judge has remained on his case after Mascarena sued the Judge. Deputy County Attorney, and Law Enforcement Officer in separate civil actions.
Mascarena states that he is in custody awaiting trial and explains that the Honorable Rod Souza should have recused himself or been disqualified, pursuant to § 3-1-803, MCA, in his civil actions. Mascarena maintains violations of his due process rights and civil rights. He states that his incarceration is illegal because the court and others will "proceed to convict him unlawfully. . even though he has a "viable claim" in his civil cases that he has since dismissed. Mascarena is presently at the Montana State Hospital. We amend the caption to include the name of the Interim Administrator. Section 46-22-20l(1)(c), MCA.
Mascarena does not provide any information about his charges or legal proceeding. He has not offered any documents to support his claims of wrongful accusation or violations of his rights. We have stated before that a petitioner, such as Mascarena, carries this "burden of proof or the burden of persuasion." In Re Hart, 178 Mont. 235, 249, 583 P.2d 411,418 (1978). Mascarena has not met his burden.
Habeas corpus is not the appropriate remedy for Mascarena's claims. Section 46-22-101(1), MCA; M. R. App. P. 14(5). This Court has determined previously that habeas corpus is not the remedy for constitutional violations. Gates v. Missoula Cnty, Comm'rs, 235 Mont. 261,262, 766 P.2d 884, 884-85 (1988).
We requested a copy of the case register of actions or docket. Mascarena has three pending criminal cases in the Yellowstone County District Court. On August 11, 2022, the docket reflects a Joint Motion for a Fitness to Proceed Evaluation, followed by an Amended Joint Motion, and then the court's Order. Mascarena filed his writ with this Court on December 12, 2022. The next day, the District Court held a status hearing in Mascarena's three matters. On December 15, 2022, the court issued Findings of Fact, Conclusions of Law, and Order Granting Motion for a 90-Day Extension, Ordering Medication Compliance, Setting Status Hearing for January 4,2023, and Order Under Seal.
Mascarena has not demonstrated illegal incarceration. Section 46-22-101(1), MCA. He is not entitled to his release or dismissal of his charges at this stage of his underlying proceeding. Mascarena is represented by counsel who can advance any claims or concerns through proper pleadings in the District Court. After Mascarena receives a final decision, he may seek an appeal, if appropriate, with this Court.
We caution Mascarena that while represented by counsel in his criminal case he should refrain from filing pleadings with this Court as a self-represented litigant. State v. Samples, 2005 MT 210, ¶ 15, 328 Mont. 242, 119 P.3d 1191; M. R. App. P. 10(1)(c).
Mascarena recently filed a Motion, titled Formal Summary, and a Request to Amend Writ of Habeas Corpus with this Court. We decline to address the claims or other law presented in these pleadings because the documents do not conform with M. R. App. P. 14(5) and are overlength. M. R. App. P. 14(9)(b). Accordingly, IT IS ORDERED that Mascarena'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 Rod Souza, District Court Judge; Terry Halpin, Clerk of District Court, under Cause Nos. DC-22-099, DC-22-100, and DC-22-602; Benjamin Langford, Yellowstone County Deputy Attorney; Caleb A. Egbert, Defense Counsel; counsel of record; Carter Anderson, Interim Administrator, Montana State Hospital, along with a copy of Mascarena's Petition; and Frank Mase arena. .