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Petition of Leighton L. Alden

Supreme Court of Montana
Jan 17, 1964
389 P.2d 164 (Mont. 1964)

Opinion

No. 10739

Decided January 17, 1964.


Petitioner, an inmate of the Montana State Prison, appearing pro se, requests the issuance of a writ of mandate on the ground that he had filed an application for a writ of error coram nobis in a district court, wherein he had fixed a time limit of thirty days for action thereon; that such time limit has expired and no decision has been received.

While applications of this type are given preferred handling in all our courts there can easily exist circumstances which may result in delay. The district court is entitled to a reasonable time to consider the application and the petitioner has no right to fix a time limit for such consideration as he has done here.

However, we will bring this matter to the attention of the district court by transmitting a copy of this memo opinion, and we are certain that as soon as reasonably possible the court will dispose of petitioner's application.


Summaries of

Petition of Leighton L. Alden

Supreme Court of Montana
Jan 17, 1964
389 P.2d 164 (Mont. 1964)
Case details for

Petition of Leighton L. Alden

Case Details

Full title:PETITION OF LEIGHTON L. ALDEN

Court:Supreme Court of Montana

Date published: Jan 17, 1964

Citations

389 P.2d 164 (Mont. 1964)
389 P.2d 164