Montana Statutes
§ 46-22-101 — Applicability Of Writ Of Habeas Corpus
46-22-101 . Applicability of writ of habeas corpus.
(1)Except as provided in subsection (2), every person imprisoned or otherwise restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint.
(2)The writ of habeas corpus is not available to attack the validity of the conviction or sentence of a person who has been adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal. The relief under this chapter is not available to attack the legality of an order revoking a suspended or deferred sentence.
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Legislative History
En. 95-2701 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2701; amd. Sec. 7, Ch. 195, L. 1981; amd. Sec. 2, Ch. 211, L. 1985; amd. Sec. 233, Ch. 800, L. 1991.
Nearby Sections
15
§ 46-22-101
Applicability Of Writ Of Habeas Corpus§ 46-22-102
No Release For Technical Defects§ 46-22-103
Writ For Purpose Of Bail§ 46-22-201
Application For Writ Of Habeas Corpus§ 46-22-202
Granting Writ Of Habeas Corpus§ 46-22-203
Writ Granted Without Delay§ 46-22-204
Writ And Process May Issue At Any Time§ 46-22-205
Form Of Writ§ 46-22-206
Service Of Writ§ 46-22-301
Return Of Service§ 46-22-302
Appearance Of Petitioner§ 46-22-303
Refusal To Obey Writ -- Contempt§ 46-22-304
Hearing On Return§ 46-22-305
Production Of Evidence§ 46-22-306
Disposition Of Petitioner