Legal Opinion · Concurrence

Ingraham v. State

Montana Supreme Court

Decided July 24, 1997No. 97-241Published

1ConcurrenceJustice Nelson

specially concurs.

I concur fully in our opinion and order. I write separately only to address the “procedural entanglements” which preceded this decision. As stated, our orders in cause numbers 97-076 and 97-271 detail the tangled and lengthy history of Ingraham’s attempts to obtain our review of the trial court’s denial of his motion to continue bond pending appeal. These procedural contortions arose for a very simple reason. This Court has no statutory authority to review a district court’s denial of bail pending appeal either by direct appeal or via a petition for writ of habeas corpus.…

2Cases cited2 opinions

  1. State Ex Rel. Bretz v. Sheriff of Lewis & Clark CountyMontana Supreme Court · 1975
  2. Moore v. McCormickMontana Supreme Court · 1993

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