J. Newkirk v. J. Salmonsen ( 2023 )

ORIGINAL 02/17/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 23-0112
OP 23-0112
JOHN BRYCE NEWKIRK,
FILED
FEB 11 2023
Petitioner, BOVVe fl ,a.rivvr,•CCi
ClerX of Supreme Court
Stata of Montana
v.
JAMES SALMONSEN, Warden, ORDER
Montana State Prison,
MONTANA DEPARTMENT OF
CORRECTIONS,
Respondents.
John Bryce Newkirk, via counsel, has filed a Petition for Writ of Habeas Corpus,
asserting that he is entitled to a hearing on medical parole by the Montana Board of Pardons
and Parole (Board) pursuant to § 46-23-210, MCA. Newkirk has also filed supplemental
documents, including a District Court Order Denying Motion for Order Approving
Defendant for Medical Parole, the Board's letter denying him a hearing, and medical
records. Upon review of his Petition and attachments, we deem it appropriate to require a
response. Therefore,
IT IS ORDERED that that the Attorney General or counsel for the Department of
Correction is GRANTED thirty days from the date of this Order in which to prepare, file,
and serve a written response to the petition for a writ of habeas corpus together with
appropriate documentary exhibits.
The Clerk is directed to provide a copy of this Order to all counsel of record.
DATED this /707 day of February, 2023.
Justice