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SAGE v. GAMBLE

No. 95-533.

929 P.2d 822 (1996)

Donald R. SAGE, Petitioner and Respondent, v. Mickey GAMBLE, Director of Administration, Craig Thomas, Executive Secretary, Board of Pardons, Montana Board of Pardons and Parole, Montana State Prison, Respondents and Appellants.

Supreme Court of Montana.

Decided November 25, 1996.

Attorney(s) appearing for the Case

David L. Ohler and Lois Adams, Department of Corrections, Helena, for Respondents and Appellants.

Edmund F. Sheehy, Jr., Cannon and Sheehy, Helena, for Petitioner and Respondent.

TRIEWEILER, Justice.

On September 9, 1994, Donald R. Sage filed a petition for habeas corpus in the District Court for the Third Judicial District in Powell County in which he alleged that the Montana Board of Pardons (Board) had improperly denied him parole. Following a hearing on Sage's petition, the District Court issued an opinion and order in which it concluded that, although the Board had not abused its discretion when it denied Sage parole, it had violated...

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