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HART v. RISLEY

No. CV 82-39-M.

585 F.Supp. 269 (1984)

David Walter HART, Petitioner, v. Henry RISLEY, Warden, Montana State Prison, et al., Respondents.

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

April 18, 1984.

Attorney(s) appearing for the Case

Bradley Luck, Garlington, Lohn & Robinson, Missoula, Mont., for petitioner.

Mike Greely, Atty. Gen., Helena, Mont., for respondents.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

In December of 1967 David Hart (petitioner) was charged with first degree burglary in the District Court of Flathead County, and in the same information petitioner was charged with having been convicted of a previous felony in 1962. See R.C.M.1947, § 94-4713.

Petitioner was first arraigned on the 1967 charge on December 13, 1967. He appeared with his lawyer, James Sinclair, and entered...

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