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CUNNINGHAM v. D. C. OF 13TH JUD. DIST. OF MONT.

Nos. CV-75-112-BLG—CV-75-114-BLG.

406 F.Supp. 430 (1975)

Clancy CUNNINGHAM, Petitioner, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT OF the STATE OF MONTANA et al., Respondents. L. R. BRETZ, Petitioner, v. Roger CRIST, as Warden of the Montana State Penitentiary, Deer Lodge, Montana, and John Moe, as Sheriff of Missoula County, Montana, Respondents. Merrel CLINE, Relator, v. The STATE OF MONTANA and Roger Crist, Warden, Montana State Penitentiary, Respondents.

United States District Court, D. Montana, Billings Division.

December 31, 1975.

Attorney(s) appearing for the Case

Moses, Kampfe, Tolliver & Wright, Billings, Mont., for Clancy Cunningham.

Charles F. Moses, Moses, Kampfe, Tolliver & Wright, Billings, Mont., for L. R. Bretz.

W. William Leaphart, The Leaphart Law Firm, Helena, Mont., for relator Merrel Cline.

Richard Dzivi, Special Pros., Robert L. Woodahl, Atty. Gen. for the State of Montana, Helena, Mont., for respondents.

MEMORANDUM AND ORDER

BATTIN, District Judge.

The above-named petitioners have individually submitted petitions for writs of habeas corpus. Due to the similarity of issues, the cases were consolidated.

BACKGROUND FACTS.

Petitioner Cunningham

Petitioner was charged in Information No. 9017, filed on August 24, 1973, in Yellowstone County, with first degree assault. On March 21...

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