Legal Opinion
State v. Howell
Montana Supreme Court
Decided June 19, 1986No. 85-293, 85-399PublishedCited by 1 opinion
1Opinion of the Court 1
OPINION AND ORDER
2Opinion of the Court · SheehyJustice Sheehy
Michael Howell petitioned this Court for a writ of habeas corpus in Cause No. 85-399. Howell claims his imprisonment is unlawful because he was not provided a preliminary on-site hearing as required by Section 46-23-1101, MCA, and the due process clauses of the federal and state constitutions.
We remanded to the District Court of the Twentieth Judicial District, Sanders County, for an evidentiary hearing. We also stayed petitioner’s related appeal in Cause No. 85-293 until final judgment is entered on the writ of habeas corpus. The evidentiary hearing was held before the Hon.…
3Cases cited5 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Moody v. DaggettSupreme Court of the United States · 1976
- Arthur Pierre v. Washington State Board of Prison Terms and ParolesCourt of Appeals for the Ninth Circuit · 1983
- Owens v. RisleyMontana Supreme Court · 1985
4Cited by1 opinion
- State v. HardyMontana Supreme Court · 1996