(Download) "Monty Paul Belknap v. State Idaho" by Supreme Court of Idaho No. 12388 # eBook PDF Kindle ePub Free
eBook details
- Title: Monty Paul Belknap v. State Idaho
- Author : Supreme Court of Idaho No. 12388
- Release Date : January 17, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Petitioner-appellant Monty Belknap was convicted of second degree burglary in the First Judicial District of the State of Idaho. He was sentenced to three (3) years at the Idaho State Correctional Institute, the trial court retaining jurisdiction for 120 days pursuant to I.C. § 19-2601. On December 20, 1976, the court entered an order terminating its jurisdiction. Belknap filed a motion to appear before the court to rebut any unfavorable evaluation reports. That motion was denied and no appeal was taken. In the meantime, Belknap was notified that the State of Missouri was considering extradition proceedings to remove him to Missouri. He filed a petition for a writ of habeas corpus contending that detention of him at the Correctional Institute in Boise was a serious abuse of judicial discretion by the State of Missouri * * *. The writ was denied by the Fourth Judicial District. Basically, the court held that Belknap had stated no claim for release and that Missouri had not done anything yet which the court could declare invalid. Belknap appealed this denial to the Supreme Court.
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