H. De La Hoz v. J. Kowalski

ORIGINAL 07/12/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA

Case Number: OP 22-0350

OP 22-0350

HELIO LEAL DE LA HOZ,

FILED JUL 12 2022

Petitioner, Bowen Greenwood

Clerk of Suprerne Court

State of Montana v.

ORDER JASON KOWALSKI, Administrator of the Missoula County Detention Facility,

Respondent.

Petitioner Helio Leal de la Hoz, via counsel, moves this Court for a writ of habeas corpus over the Fourth Judicial District Court, alleging he is being held in custody at the Missoula County Detention Facility by the Missoula County District Court without jurisdiction, without being charged in that court, and without being prosecuted. Upon review of his pleading and associated exhibits, we deem it appropriate to require a response.

IT IS THEREFORE ORDERED that the Fourth Judicial District Court and the State of Montana, or both, are GRANTED until July 22, 2022, to prepare, file, and serve a response to the petition for a writ of habeas corpus together with appropriate documentary exhibits.

The Clerk of the Supreme Court is directed to provide a copy of this Order to: the Honorable John A. Larson, Fourth Judicial District Court, Missoula County; Shirley Faust, Clerk of District Court, Missoula County, under Cause Nos. DC-22-312 and DC 22-313; the Attorney General; the Missoula County Attorney; and counsel for the Department of Corrections.

DATED this IA4(day of July, 2022.

Justice