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WIER v. LINCOLN COUNTY SHERIFF'S DEPT.

No. 96-491.

925 P.2d 1172 (1996)

Mark Turner WIER, Defendant and Petitioner, v. LINCOLN COUNTY SHERIFF'S DEPARTMENT, and District Court of the Nineteenth Judicial District of the State of Montana, in and for the County of Lincoln, the Honorable Judge Michael C. Prezeau, Presiding, Respondents.

Supreme Court of Montana.

Decided October 23, 1996.

Attorney(s) appearing for the Case

James B. Wheelis, Public Defender's Office, Libby, for Defendant and Petitioner.

Joseph P. Mazurek, Attorney General, Elizabeth L. Griffing, Assistant Attorney General, Helena, S. Charles Sprinkle, Lincoln County Attorney, Libby, for Respondents.

NELSON, Justice.

Mark Turner Wier (Wier) filed herein a Petition for Writ of Habeas Corpus for a Stay of Execution of Sentence and for the Setting of a Bond to Insure Appearance and Memorandum of Authorities pursuant to Title 46, Chapter 22, Montana Code Annotated.

Procedural Background

On May 1, 1996, Wier was charged with partner assault, a misdemeanor, in violation of § 45-5-206, MCA, and carrying a concealed weapon while under the influence...

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