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Montana · Through Montana Code Annotated 2025

46-22-306: Disposition of petitioner.

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Where this section sits in the code
  1. TITLE 46. CRIMINAL PROCEDURE
  2. CHAPTER 22. HABEAS CORPUS
  3. Part 3. Return of Writ, Hearing, Appeal

(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.

Collected 2026-09-14T04:55:55Z. Source file · JSON

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