Commonwealth of Pennsylvania v. Ryan Gibson Stewart

Commonwealth of Pennsylvania v. Ryan Gibson Stewart

Criminal Action-Law-Writ of Habeas Corpus-In Custody-Bail-Conditions-Timeliness-Delay-Waiver of Preliminary Hearing

Ryan Gibson Stewart (“Defendant”), who was a teacher with the Northern Lebanon School District, was charged with one (1) count each of Unlawful Contact with a Minor, Dissemination of Explicit Sexual Materials to Minors and Corruption of Minors relating to allegations that he sent explicit photographs via SnapChat to a former student.  Following waiver of his preliminary hearing, release on unsecured bail and several continuances of trial, Defendant filed a Motion for Writ of Habeas Corpus and request for reconsideration when that Motion was denied without explanation.

1.  Any person restrained of his or her liberty has the right to request a writ of habeas corpus.

2.  An individual who is free on bail is not permitted to file a motion for writ of habeas corpus unless bail conditions are imposed that affect that person’s liberty in a manner not shared by the public generally.

3.  A bail prohibition against committing additional crimes is not a condition that affects a defendant’s liberty in a manner not shared by the public, as every citizen is prohibited from committing a crime. 

4.  Where Defendant is at liberty on bail without any conditions attached that affect his liberty in a manner not shared by the public generally, Defendant is not in custody so as to avail himself of a Motion for Writ of Habeas Corpus.

5.  Pa.R.Crim.P. Rules 578 and 579 require that all pretrial motions for relief, including a motion to quash or to dismiss an information, must be filed within thirty (30) days of arraignment. 

6.  Since a motion to quash is the functional equivalent of a motion for a writ of habeas corpus, a motion for writ of habeas corpus must be filed within thirty (30) days of arraignment. 

7.  Where Defendant was arraigned on October 17, 2024 and did not file the Motion for Writ of Habeas Corpus until May 28, 2025 because his counsel was attempting to negotiate a plea agreement and Defendant waived his preliminary hearing in which he agreed that the facts were sufficient to bind the matter over for trial, denial of the Motion for Writ of Habeas Corpus is required even if Defendant could be said to be in custody to avail himself of that remedy.

L.C.C.C.P. No. CP-38-CR-1131-2024, Opinion by Bradford H. Charles, Judge, July 24, 2025.