Montana § 46-22-306 Disposition Of Petitioner

Montana Statutes

§ 46-22-306 — Disposition Of Petitioner

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 22 HABEAS CORPUS·Part 3 Return of Writ, Hearing, Appeal

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.

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