DARRELL D. SHARP, Petitioner,
STATE OF MONTANA, and NINTH JUDICIAL DISTRICT COURT, HON. JON A. OLDENBURG, Presiding Judge, Respondents.
Petitioner Darrell Sharp seeks several remedies in his
recently-filed petition, titled "WRIT of Mandate, Habeas
for writ of Bail, Release Order." He indicates in his
petition that he has a criminal proceeding, Cause No.
DC-15-19, with Judge Oldenburg.
electronic records indicate that Sharp has a criminal
proceeding in the Ninth Judicial District Court, Toole
County, for which Judge Oldenburg is the presiding judge. We
amend the caption to indicate the correct judicial district.
Sharp is also serving a 2010 prison sentence, which totals
forty years, with twenty years suspended, for three felonies
from two Toole County District Court cases.
petition, Sharp presents a myriad of claims. Sharp seeks
release on bail "in order to acquire an attorney of his
own choice." He states that the presiding judge has
violated his right to choose an attorney and his right to
bail pending trial. He argues that "the lower court has
failed to do its duty and has failed to protect" his
state and federal rights. Sharp includes a history of his
medical ailments and health conditions, contending that his
release to bail is warranted for medical assistance for his
various ailments. Sharp requests this Court to take judicial
notice of an alleged assault by a prison official at
Crossroads Correctional Center on August 1, 2014, which he
alleges the Ninth Circuit Court of Appeals "improperly
dismissed . . . ." Sharp claims that prison officials
have since re-classified him and held disciplinary hearings
in violation of federal law. He believes that he has
demonstrated "reasonable reasons" for
"Immediate Injunctive Relief...."
(Emphasis in original).
secured a copy of the District Court's case register.
Judge Oldenburg assumed jurisdiction of this case on December
21, 2015. The December 7, 2016 jury trial was declared a
mistrial, and on December 8, 2016, the court issued an order
setting a jury trial along with other deadlines. Sharp has
been represented by counsel, albeit several different
attorneys, over the course of the proceeding. In early
January 2018, an amended information and a motion to continue
jury trial were filed. On January 16, 2018, the District
Court issued an order continuing the jury trial.
has not demonstrated reasons for any of his requested relief.
To state a claim for mandamus, a party must show entitlement
to the performance of a clear legal duty by the party against
whom the writ is directed and the absence of a plain, speedy
and adequate remedy at law. Section 27-26-102, MCA; Smith
v. Missoula Co., 1999 MT 330, ¶ 28, 297 Mont. 368,
992 P.2d 834. While it is readily apparent that Sharp is not
pleased with the manner of his adjudication and current
incarceration, he presents no basis for his requested writ of
mandate. Nor has Sharp adhered to the statutory requirements
for a writ of mandate. Sections 27-26-201 and -203, MCA; M.
R. App. P. 14(2). Sharp still possesses an adequate remedy at
law with an appeal upon resolution of his criminal case.
Section 27-26-102(2), MCA.
Sharp's other claims: A defendant who has appointed
counsel does not have the right to counsel of his choice.
Section 47-1-111(1), MCA; State v. Dethman, 2010 MT
268, ¶ 15, 358 Mont. 384, 245 P.3d 30 (citation
omitted). "An injunction is an order requiring a person
to refrain from a particular act." Section 27-19-101,
MCA. Sharp does not elaborate on his request for immediate
injunctive relief here, aside from the dismissal or stay of
his current criminal case. This is not an injunction's
purpose. See §27-19-103(1), MCA.
claim of release to bail also fails. Pursuant to §
46-22-103, MCA, "when a person is imprisoned or detained
in custody on any criminal charge for want of bail, the
person is entitled to a writ of habeas corpus for the purpose
of giving bail upon averring that fact in the person's
petition . . .." Sharp does not state that he is in
custody for want of bail. Sharp's petition is not clear
about any of the reasons for his detention. He does not
provide the background of his most recent charge, whether it
is a bailable offense, or the terms of any bail that may or
may not have been set. Sharp does not state whether he has
discharged his 2010 prison sentence, which seems unlikely,
because he is currently incarcerated at the Montana State
Prison. Lastly, courts properly may refuse to accept pro
se pleadings from defendants who are represented by
counsel. State v. Samples, 2005 MT 210, ¶ 15,
328 Mont. 242, 119 P.3d 1191 (citations omitted). This Court
cautions Sharp that while represented by counsel, only his
counsel should file motions and papers with this Court on his
behalf. Samples, ¶ 15.
THEREFORE ORDERED that Sharp's "Petition for WRIT of
Mandate, Habeas for writ of Bail, Release Order" is
Clerk is directed to send a copy of this Order to Hon. Jon A.
Oldenburg, Tenth Judicial District Court; to Debra Munson,
Clerk of Court, Toole County; to Chad G. Parker, Attorney
General's Office; to Matthew McKittrick, Esq.; to Mark