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M.C. v. DEPARTMENT OF INSTITUTIONS

No. 83-459.

683 P.2d 956 (1984)

In the Matter of the Petition of M.C., Petitioner and Respondent, v. DEPARTMENT OF INSTITUTIONS, et al., Respondents and Appellants.

Supreme Court of Montana.

Decided June 28, 1984.

Rehearing Denied August 2, 1984.

Attorney(s) appearing for the Case

Nick A. Rotering, Dept. of Institutions, Helena (argued), for respondents and appellants.

James Dorr Johnson, Warm Springs (argued), for petitioner and respondent.

GULBRANDSON, Justice.

This case comes on appeal from an order of the District Court, Third Judicial District, Deer Lodge County, holding that Section 53-21-130, MCA is unconstitutional. We reverse that part of the order declaring Section 53-21-130, MCA, unconstitutional. However, we also hold the State did not adhere to the procedural safeguards set forth in Section 53-21-130, MCA, and affirm the issuance of the writ of habeas...

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