Montana § 46-22-306 Disposition Of Petitioner

Montana Statutes

§ 46-22-306 — Disposition Of Petitioner

Montana § 46-22-306

Title 46CRIMINAL PROCEDURE

Ch. 22HABEAS CORPUS

Part 3Return of Writ, Hearing, Appeal

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Bluebook

Mont. Code Ann. § 46-22-306 (2026).

Text

46-22-306 . Disposition of petitioner.

(1)If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper.

(2)If the court finds for the prosecution, the petitioner must be returned to the custody of the person to whom the writ was directed.

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46-22-306 . Disposition of petitioner. (1) If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper.
(2) If the court finds for the prosecution, the petitioner must be returned to the custody of the person to whom the writ was directed.