Mallak v. Attorney General of the State of Montana et al
Filing 56
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 52 in full. Mallak's petition 1 , 6 is DENIED with respect to the burglary conviction, but GRANTED with respect to the witness tampering conviction. The judgment entered in Yellowstone County Caus e No. DC-56-200930 on November 23, 2001, is VACATED as to witness tampering only. The State of Montana may renew proceedings on that charge within sixty (60) days from the date of this Order. If the proceedings are not timely renewed, the State must permanently release Mallak from custody and collateral consequences that are based on his vacated conviction for witness tampering. Mallak is DENIED a certificate of appealability as to the burglary conviction. Signed by Judge Richard F. Cebull on 3/26/2010. (TAG, )
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
