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WESTMORELAND v. DEMOSTHENES

No. CV-N-89-762-ECR.

737 F.Supp. 1127 (1990)

Gary Wayne WESTMORELAND, Petitioner, v. Peter DEMOSTHENES, Warden of the Nevada State Prison, and Brian McKay, Attorney General of the State of Nevada, Respondents.

United States District Court, D. Nevada.

March 7, 1990.

Attorney(s) appearing for the Case

J. Thomas Susich, Crowell, Susich, Owen & Tackes, Ltd., Carson City, Nev., for petitioner.

Brian McKay, Atty. Gen., Criminal Justice Div., Carson City, Nev., for respondents.

ORDER

EDWARD C. REED, Jr., Chief Judge.

Before this Court is petitioner's Petition For a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 filed on November 28, 1989. Petitioner's Petition is based upon the following facts. Petitioner was arrested on December 17, 1987 in Carson City for driving while under the influence of an intoxicating liquor and for driving with .10 percent or more by weight of alcohol in his blood, both in violation of NRS 484...

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