R. Avery v. J. Salmonsen

Montana Supreme Court

R. Avery v. J. Salmonsen

DecidedFebruary 3, 2022

DocketOP 22-0045

StatusUnpublished

This text of R. Avery v. J. Salmonsen (R. Avery v. J. 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.

Bluebook

R. Avery v. J. Salmonsen, (Mo. 2022).

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Opinion

02/03/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 22-0045

OP 22-0045 D RUSSELL SCOTT AVERY, FEB 0 3 2022 Bowen Greenwood Clerk of Supreme Court Petitioner, 1•;at(.. nf Montane

v. ORDER

STATE OF MONTANA,

Respondent.

Russell Scott Avery has filed an "Extraordinary Writ of Habeas Corpus" that we deem a Petition for Writ of Habeas Corpus, pursuant to M. R. App. P. 14(2). Avery states that the Missoula County "District Court Violated [his] Due Process Rights when it Unilaterally [superseded] the Statutory Authority of the State Board of Parole and revoked [his] April 14, 2020[] Parole." He includes copies of pertinent documents and written judgments. We amend the caption to include the Warden of the Montana State Prison, where Avery is incarcerated. Section 46-22-201(1)(c), MCA. Upon review, we deem it appropriate to require a response to Avery's Petition. Therefore, IT IS ORDERED that the Attorney General or counsel for the Department of Corrections are 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 Supreme 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 3rd day of February, 2022.

2 56-19;41---"Lstice

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02/03/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 22-0045

OP 22-0045 D RUSSELL SCOTT AVERY, FEB 0 3 2022 Bowen Greenwood Clerk of Supreme Court Petitioner, 1•;at(.. nf Montane

v. ORDER

STATE OF MONTANA,

Respondent.

Russell Scott Avery has filed an "Extraordinary Writ of Habeas Corpus" that we deem a Petition for Writ of Habeas Corpus, pursuant to M. R. App. P. 14(2). Avery states that the Missoula County "District Court Violated [his] Due Process Rights when it Unilaterally [superseded] the Statutory Authority of the State Board of Parole and revoked [his] April 14, 2020[] Parole." He includes copies of pertinent documents and written judgments. We amend the caption to include the Warden of the Montana State Prison, where Avery is incarcerated. Section 46-22-201(1)(c), MCA. Upon review, we deem it appropriate to require a response to Avery's Petition. Therefore, IT IS ORDERED that the Attorney General or counsel for the Department of Corrections are 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 Supreme 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 3rd day of February, 2022.

2 56-19;41---"Lstice

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R. Avery v. J. Salmonsen, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-avery-v-j-salmonsen-mont-2022.