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UNITED STATES EX REL. COLLINS v. CRIST

No. CV-79-10-GF.

473 F.Supp. 1354 (1979)

The UNITED STATES of America ex rel. William John COLLINS, Relator, v. Roger CRIST, Warden, Montana State Prison, Respondent.

United States District Court, D. Montana, Great Falls Division.

August 14, 1979.

Attorney(s) appearing for the Case

Robert J. Emmons, Smith, Emmons, Baillie & Walsh, Great Falls, Mont., for relator.

Michael T. Greely, Atty. Gen. for the State of Montana, Mike McCarter, Asst. Atty. Gen., Helena, Mont., for respondent.

MEMORANDUM OPINION AND ORDER

HATFIELD, District Judge.

This court is petitioned for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted, after a jury trial, of deliberate mitigated homicide, in the District Court of the Eighth Judicial District of the State of Montana, Cascade County. He appealed to the Montana Supreme Court. The conviction was affirmed and a rehearing denied. His State remedies have been exhausted. The records...

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