McCubbins v. Salmonsen

Montana Supreme Court

McCubbins v. Salmonsen

DecidedApril 12, 2022

DocketOP 22-0164

StatusUnpublished

This text of McCubbins v. Salmonsen (McCubbins v. Salmonsen) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McCubbins v. Salmonsen, (Mo. 2022).

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Opinion

rirfriv il 04/12/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 22-0164

OP 22-0164

DONALD McCUBBINS,

Petitioner, FILED APR 12 2022 v. Bowan Greenwood Clerk of Supreme ORDER Court State of Montana JIM SALMONSEN, Warden, Montana State Prison,

Respondent.

Representing himself, Donald McCubbins has filed a sentence calculation along with a Petition for Writ of Habeas Corpus, explaining that the Broadwater County District Court did not award credit for time served on a sentence because the court noted that McCubbins was a parole violator and that he would receive credit on his prior sentence. Upon review, we deern it appropriate to require a response to McCubbins's Petition. Therefore, IT IS ORDERED that the Attorney General or counsel for the Departrnent of Correction is GRANTED thirty days from the date of this Order in which to prepare, file, and serve a written response to the petition for a writ of habeas corpus together with appropriate documentary exhibits. The Clerk of the Suprerne Court is directed to provide a copy of this Order to the Attorney General; to counsel for the Department of Corrections; and to Petitioner personally. DATED this t 2.i4- day of April, 2022.

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rirfriv il 04/12/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 22-0164

OP 22-0164

DONALD McCUBBINS,

Petitioner, FILED APR 12 2022 v. Bowan Greenwood Clerk of Supreme ORDER Court State of Montana JIM SALMONSEN, Warden, Montana State Prison,

Respondent.

Representing himself, Donald McCubbins has filed a sentence calculation along with a Petition for Writ of Habeas Corpus, explaining that the Broadwater County District Court did not award credit for time served on a sentence because the court noted that McCubbins was a parole violator and that he would receive credit on his prior sentence. Upon review, we deern it appropriate to require a response to McCubbins's Petition. Therefore, IT IS ORDERED that the Attorney General or counsel for the Departrnent of Correction is GRANTED thirty days from the date of this Order in which to prepare, file, and serve a written response to the petition for a writ of habeas corpus together with appropriate documentary exhibits. The Clerk of the Suprerne Court is directed to provide a copy of this Order to the Attorney General; to counsel for the Department of Corrections; and to Petitioner personally. DATED this t 2.i4- day of April, 2022.

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McCubbins v. Salmonsen, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccubbins-v-salmonsen-mont-2022.