CAVANAUGH v. CRIST

No. 80-194.

615 P.2d 890 (1980)

James P. CAVANAUGH and James I. Mesler, Petitioners, v. Roger W. CRIST, Warden, Montana State Prison, Respondent.

Supreme Court of Montana.

Decided August 14, 1980.


Attorney(s) appearing for the Case

James P. Cavanaugh and James I. Mesler, pro se.

Mike Greely, Atty. Gen., Helena, Donald White, County Atty., Bozeman, J. Fred Bourdeau, County Atty., Great Falls, for respondent.


HARRISON, Justice.

This is an original application for a writ of habeas corpus in which petitioners James Cavanaugh and James Mesler jointly challenge the constitutionality of section 46-18-202(2), MCA. That section permits district judges to sentence persons convicted of felonies to imprisonment with no possibility of parole or participation in the prisoner furlough program.

James Cavanaugh received concurrent sentences of one hundred years and twenty years...

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