McCulley v. Hash ( 2023 )

ORIGINA 10/04/2023
IN TFIV SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 23-0547
OP 23-0547
FILED
SHAWN MCCULLEY, OCT - 4 2023
/Bowen
Clerk of Supreme
Greenwood
State
Petitioner, Coun
of Montane
v.
ORDER
CAPTAIN HASH,
MISSOULA ASSESSMENT AND
SANCTION CENTER,
Respondent.
Appearing as a self-represented Petitioner, Shawn McCulley has filed a Petition for
Writ of Habeas Corpus, challenging his award, or lack thereof, for jail time and elapsed
time credit in his sentence upon revocation. Citing to Montana case law, McCulley posits
that a violation of rights occurs when an offender only receives credit for time served on
one concurrent sentence and not both. State v. Kortan, 2022 MT 204, 410 Mont. 336, 518
P.3d 1283. Upon review, we deem it appropriate to require a response to McCulley's
Petition.
IT IS THEREFORE 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 together with appropriate documentary
exhibits.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel
of record and to Shawn McCulley personally.
DATED this
/I day of October, 2023.