State Ex Rel. Wetzel v. Ellsworth

Montana Supreme Court

State Ex Rel. Wetzel v. Ellsworth

387 P.2d 442, 143 Mont. 54

Montana Supreme Court·Decided November 22, 1963·No. 10643·Published·Cited by 10 cases

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PER CURIAM.

This court is in receipt of a petition for a writ of habeas corpus filed by Dennis M. Wetzel, an inmate of the Montana State Prison, wherein it is asserted that the petitioner is still confined at the prison under a four-year sentence which began on March 18, 1959. It further appears that when the sentence was imposed by the district court an order of suspension was entered and on or about November 20, 1960, such order of suspension was revoked and petitioner was thereafter confined in the State Prison; that by reason of the failure of the prison authorities to give credit for any portion of the time between the imposition of the suspended sentence and the revocation thereof it is contended by the petitioner that he is being illegally confined.

In view of the fact, that of necessity there are other inmates similarly situated, this court believes this matter of sufficient importance to necessitate oral argument and written briefs of counsel in order that the court may give it consideration and be made aware of all aspects of the situation in general as it applies to petitioner and to all inmates similarly situated; and

The petitioner here having appeared pro se, and he and others similarly situated should be properly represented by counsel, it is ordered that Malcolm MacCalman, Esq., of Deer Lodge, Montana, be, and he is hereby, appointed as such counsel, and he is directed to forthwith investigate the fact situation and brief the law applicable thereto, and for that purpose he will be allowed such time as he may require, not to exceed fifteen (15) days without a further order of this court, and then to file with this court six (6) copies of a statement of facts and brief on the law, in typewritten form, and to serve [56] copies thereof upon the Warden of the Montana State Prison, the counsel for the State Board of Pardons, and upon the Attorney General of the State of Montana; and the respondent Warden, and the others heretofore named, are hereby granted a period of ten (10) days from the date of such service in which to serve and file answering briefs, typewritten in form, and upon receipt thereof by this court a date will be set for oral argument;

It is further ordered that copies of the original petition shall be forwarded to the appointed counsel, the Warden, counsel for the State Board of Pardons and the Attorney General of the State of Montana, together with a copy of this order.

Until the further order of this court all matters in this cause are held in abeyance.

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PER CURIAM.

This court is in receipt of a petition for a writ of habeas corpus filed by Dennis M. Wetzel, an inmate of the Montana State Prison, wherein it is asserted that the petitioner is still confined at the prison under a four-year sentence which began on March 18, 1959. It further appears that when the sentence was imposed by the district court an order of suspension was entered and on or about November 20, 1960, such order of suspension was revoked and petitioner was thereafter confined in the State Prison; that by reason of the failure of the prison authorities to give credit for any portion of the time between the imposition of the suspended sentence and the revocation thereof it is contended by the petitioner that he is being illegally confined.

In view of the fact, that of necessity there are other inmates similarly situated, this court believes this matter of sufficient importance to necessitate oral argument and written briefs of counsel in order that the court may give it consideration and be made aware of all aspects of the situation in general as it applies to petitioner and to all inmates similarly situated; and

The petitioner here having appeared pro se, and he and others similarly situated should be properly represented by counsel, it is ordered that Malcolm MacCalman, Esq., of Deer Lodge, Montana, be, and he is hereby, appointed as such counsel, and he is directed to forthwith investigate the fact situation and brief the law applicable thereto, and for that purpose he will be allowed such time as he may require, not to exceed fifteen (15) days without a further order of this court, and then to file with this court six (6) copies of a statement of facts and brief on the law, in typewritten form, and to serve [56] copies thereof upon the Warden of the Montana State Prison, the counsel for the State Board of Pardons, and upon the Attorney General of the State of Montana; and the respondent Warden, and the others heretofore named, are hereby granted a period of ten (10) days from the date of such service in which to serve and file answering briefs, typewritten in form, and upon receipt thereof by this court a date will be set for oral argument;

It is further ordered that copies of the original petition shall be forwarded to the appointed counsel, the Warden, counsel for the State Board of Pardons and the Attorney General of the State of Montana, together with a copy of this order.

Until the further order of this court all matters in this cause are held in abeyance.

State Ex Rel. Wetzel v. Ellsworth, 387 P.2d 442, 143 Mont. 54 (Mo. 1963).

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