POINDEXTER v. WOLFF

No. CV74-L-7.

403 F.Supp. 723 (1975)

Edward POINDEXTER, Petitioner, v. Charles L. WOLFF, Jr., as Warden of the Nebraska Penal and Correctional Complex, Respondent.

United States District Court, D. Nebraska.

November 4, 1975.


Attorney(s) appearing for the Case

Alan Saltzman, Lincoln, Neb., for petitioner.

Mel Kammerlohr, Asst. Atty. Gen., for respondent.


MEMORANDUM OF DECISION

URBOM, Chief Judge.

Edward Poindexter, an inmate in the Nebraska Penal and Correctional Complex, has petitioned for a writ of habeas corpus. In response to that petition this court on May 2, 1975, conducted an evidentiary hearing to determine (1) whether the petitioner has standing to contest the search of David Rice's house on August 22, 1970; (2) if such standing exists, whether the decision in Rice v. Wolff,

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