(DOWNLOAD) "Mcdonald v. Jones" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Mcdonald v. Jones
- Author : Supreme Court of Montana
- Release Date : January 11, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Petitioner George Harold Holt (Holt) has made an application to this Court for a Writ of Supervisory Control to reverse the Sentence Review Divisions Order denying review of Holts sentence on the basis that his sentence was suspended and he was not incarcerated. We grant the petition for supervisory control and accept jurisdiction pursuant to Article VII, Section 2(2) of the Montana Constitution and Rule 17(a), M.R.App.P. See Ranta v. State, 1998 MT 95, 12, 288 Mont. 391, 12, 958 P.2d 670, 12 ("Because the Sentence Review Division functions as an arm of this Court, this Court has the supervisory authority to ensure that it complies with statutes and rules governing its operations as well as the Montana Constitution and the United States Constitution."). We hold that the Sentence Review Division correctly determined that a person must be incarcerated to be eligible for sentence review and that this interpretation does not violate the due process or equal protection clauses of the United States and Montana Constitutions.
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