Posted: Sep 5, 2013 6:08 PM by KBZK News
UPDATE: September 5th, 2013; 6 p.m.
The Montana Attorney General's Office has filed an emergency petition for writ of prohibition with the state Supreme Court regarding Judge Baugh's scheduled hearing for Friday.
This means the Attorney General's Office is asking the state Supreme Court to prohibit Friday's hearing from taking place on the basis that the District Court lacks the authority to conduct such a hearing.
As their office stated on Thursday, Montana law is clear that illegal sentences can only be remedied by appeal to the state Supreme Court or by a petition for post-conviction relief.
We will keep you posted as new information is available.
BILLINGS - Despite an appeal by the Montana Attorney General and advice by state prosecutors to cancel, Judge Todd Baugh plans to hold a hearing on Friday to correct, admitted rapist, Stacey Rambold's sentence.
Also asking Judge Baugh to cancel that hearing is Rambold's attorney.
Jay Lansing joins prosecutors in saying the new hearing would be "without legal authority."
Judge Baugh sentenced Rambold to 31 days in prison with 15 years probation.
After reviewing state law, Judge Baugh found the sentence is illegal.
The purpose of Friday's hearing would be to increase the sentence from 31 days, to two years.
But, state prosecutors say, he does not have the authority to do so.