W. Stewart, Jr. v. Warden Bludworth

• Court: Montana Supreme Court
• Decided: May 15, 2020
• Docket: OP 20-0260
• Status: Unpublished

Opinion

ukiCINAL 05/15/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 20-0260

OP 20-0260 FILED WALTER MITCHELL STEWART,JR., MAY 1 5 2020 Bowen Greenwood Petitioner, Clerk of Supreme Court State of Montana

v. ORDER WARDEN PETER BLUDWORTH, CROSSROADS CORRECTIONAL CENTER,

Respondent.

Walter Mitchell Stewart, Jr., has filed a petition for a writ ofhabeas corpus,indicating that his incarceration is illegal. Stewart points to this Court's decision where, in March 2018, we remanded his criminal case to the Twenty-second Judicial District Court,Big Horn County,for modification ofhis sentence upon revocation. State v. Stewart,No.DA 16-0246, 2018 MT 52N, ¶ 11, 2018 Mont. LEXIS 63. It is not readily apparent whether Stewart's sentence has since been modified. Therefore, upon review of his petition, we deem it appropriate to require a response. IT IS ORDERED that the Attorney General or counsel for the Department 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 writ of habeas corpus together with appropriate documentary exhibits, such as sentence calculations, and legal memorandum in support. The Clerk of the Supreme Court is directed to provide a copy of this Order to the Attorney General; to counsel for the Departrnent ofCorrections; and to Petitioner personally. DATED this 514 day of May,2020. '

Justice