46-22-102. No release for technical defects. A person may not be released on a writ of habeas corpus due to any technical defect in commitment not affecting the person’s substantial rights.

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Terms Used In Montana Code 46-22-102

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201