ukiCINAL 05/15/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 20-0260
OP 20-0260
FILED
WALTER MITCHELL STEWART,JR.,
MAY 1 5 2020
Bowen Greenwood
Petitioner, Clerk of Supreme Court
State of Montana
v.
ORDER
WARDEN PETER BLUDWORTH,
CROSSROADS CORRECTIONAL CENTER,
Respondent.
Walter Mitchell Stewart, Jr., has filed a petition for a writ ofhabeas corpus,indicating
that his incarceration is illegal. Stewart points to this Court's decision where, in March
2018, we remanded his criminal case to the Twenty-second Judicial District Court,Big Horn
County,for modification ofhis sentence upon revocation. State v. Stewart,No.DA 16-0246,
2018 MT 52N, ¶ 11, 2018 Mont. LEXIS 63. It is not readily apparent whether Stewart's
sentence has since been modified. Therefore, upon review of his petition, we deem it
appropriate to require a response.
IT IS ORDERED that the Attorney General or counsel for the Department of
Correction is GRANTED thirty days from the date of this Order in which to prepare, file,
and serve a written response to the petition for writ of habeas corpus together with
appropriate documentary exhibits, such as sentence calculations, and legal memorandum in
support.
The Clerk of the Supreme Court is directed to provide a copy of this Order to the
Attorney General; to counsel for the Departrnent ofCorrections; and to Petitioner personally.
DATED this 514 day of May,2020.
'
Justice