State ex rel. Hirst v. Warden, Montana State Prison
This text of 511 P.2d 978 (State ex rel. Hirst v. Warden, Montana State Prison) 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.
Opinion
[543]*543ORDER
This is an original proceeding wherein relator by affidavit seeks leave to file for a writ of habeas corpus.
The affidavit contains no statement of facts, not even reference to the district court wherein relator was convicted, whether or not an appeal has been taken, what postconviction proceedings were had, if any, whether relator was represented by counsel, nor any reference to the situation which brings about the application here.
No permission is required to file a petition for a writ of habeas corpus in this Court, but such application must contain a statement of the facts and the alleged violations of rights charged, none of which appears in the affidavit herein filed.
For these reasons the application is denied.
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Cite This Page — Counsel Stack
511 P.2d 978, 162 Mont. 542, 1973 Mont. LEXIS 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hirst-v-warden-montana-state-prison-mont-1973.