Legal Opinion

Bubnash v. State

Montana Supreme Court

Decided November 29, 1961No. 10261-APublishedCited by 2 opinions

1Per curiam

Original Proceeding. Application for writ of habeas corpus filed by Cecil Bubnash, an inmate of the State Prison, appearing pro se.

Petitioner asserts the presiding judge might have been prejudiced upon his trial because such judge, when a county attorney, had once prosecuted him. Provision is made for disqualifying a district judge, but if not exercised it is waived. Petitioner must have entertained a different view than he now asserts prior to his conviction, because he waived his right to disqualify.

Petitioner asserts the court bailiff did not perform his duties as required by law, but…

2Cited by2 opinions

  1. Lott v. StateMontana Supreme Court · 2006
  2. State Ex Rel. Bretz v. Sheriff of Lewis & Clark CountyMontana Supreme Court · 1975

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