Walker v. State

¶1 Mark Edward Walker appeals an order of the District Court for the Eighth Judicial District, Cascade County, denying Walker’s Petition for Postconviction Relief. Walker had alleged in his petition that he was the victim of cruel and unusual punishment at the hands of Montana State Prison (MSP) officials. We reverse and remand for further proceedings consistent with this Opinion.

¶2 We address the following issues on appeal:

¶3 1. Whether Walker’s appeal is moot because he has been released from custody.

¶4 2. Whether Walker sought relief in an appropriate proceeding within his Petition for…