In Eisenman v. State, 2000 MT 170, Mont. , P.2d , 57 St. Rep. 704, Eisenman had filed a petition for writ of supervisory control. The supreme court held that Eisenman's petition had to be construed as a petition for a writ of habeas corpus. Section 46-22-202 (1) provides: "A writ of habeas corpus may be granted by any justice of the supreme court or by any district court judge upon petition by or on be half of any person restrained of liberty within the justice's or judge's jurisdiction."