BIRD v. SIGLER

Civ. 749L, 761L, 766L, 767L.

241 F.Supp. 1007 (1964)

Roland F. BIRD, Petitioner, v. Maurice SIGLER, Warden, Respondent. Richard R. HAYS, Petitioner, v. Maurice H. SIGLER, Warden, Respondent. Timothy Leroy TUCKER, Petitioner, v. Maurice H. SIGLER, Warden, Respondent. Billy R. SHAPLEY, Petitioner, v. The STATE OF NEBRASKA, Warden Maurice H. Sigler, Respondent.

United States District Court D. Nebraska.

December 29, 1964.


Attorney(s) appearing for the Case

Harvey L. Goth, Lincoln, Neb., for petitioner Roland F. Bird.

Richard H. Williams, Asst. Atty. Gen., of Nebraska, Lincoln, Neb., for respondent in No. 749L.

Donald W. Hand, Lincoln, Neb., for petitioner Richard R. Hays.

C. C. Sheldon, Asst. Atty. Gen. of Nebraska, Lincoln, Neb., for respondent in No. 761L.

Allen L. Graves, Lincoln, Neb., for petitioner Timothy Leroy Tucker.

Mel Kammerlohr, Asst. Atty. Gen. of Nebraska, Lincoln, Neb., for respondent in No. 766L.

Frank C. Sidles, Lincoln, Neb., for petitioner Billy R. Shapley.

C. C. Sheldon, Asst. Atty. Gen. of Nebraska, Lincoln, Neb., for respondent in No. 767L.


VAN PELT, District Judge.

These cases are before the court on separate petitions for writs of habeas corpus. Each applicant is presently incarcerated in the Nebraska Penal and Correctional Complex at Lincoln, Nebraska. Counsel have been appointed and the court has held a hearing on the claims raised by each applicant.

The State has not raised the procedural issue of exhaustion of state remedies and apparently concedes that each applicant has sufficient standing...

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