PRISONERS: County’s challenge to reimbursement rate for housing DOC prisoners properly rejected… Menahan affirmed. [Read more…]
Sentencing, jail credit confusion clarified
SENTENCING: Defendant on parole at time of endangerment charge entitled to pre-sentence jail credit pursuant to §46-18-201(9) (2017) based solely on the record of the offense for which he is being sentenced and without regard to whether he is “incarcerated on a bailable offense”… remanded to credit 489 days jail time… Kutzman reversed. [Read more…]
Prisoners, judge authority for transfer from jail to prison
PRISONERS: Orders by Best for DOC to immediately transfer 8 defendants from jail to MSP and MWP vacated on supervisory control… order. [Read more…]
Prisoners, “horrific treatment” of MSP mentally ill
PRISONERS: Claims of “horrific treatment” of mentally ill MSP inmates improperly dismissed for failure to state claim under 8th Amendment and §1983… refusal to revisit ruling when advised that it was based on the wrong case requires reassignment to different judge on remand… Haddon reversed. [Read more…]
Sentencing, 110 years de facto life, youth killer
SENTENCING: 1999 sentence of 110 years with no parole for 17-year-old killer not violative of 8th Amendment as de facto life sentence under recent USSC rulings in light of good time credit eligibility and concurrent effect of Washington murder sentence… habeas denied… Purcell affirmed. [Read more…]
Psychosexual evaluation, procedure for contesting
PSYCHOSEXUAL EVALUATION: Mandamus and injunction properly denied in challenge of procedures for contesting [Read more…]
Prisoners, §1983, jail credit, statute of limitations
PRISONERS/§1983: Montana’s 3-year general PI statute applies in §1983 claim of failure to give credit for jail days… [Read more…]