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UNITED STATES EX REL. KOPETKA v. YOUNG

No. 3-69 Civ. 231.

310 F.Supp. 1001 (1970)

UNITED STATES of America ex rel. Charles T. KOPETKA, Petitioner, v. Jack G. YOUNG, Warden, Minnesota State Prison, Respondent.

United States District Court, D. Minnesota, Third Division.

February 24, 1970.

Attorney(s) appearing for the Case

Charles T. Kopetka, pro se.

Joseph Perry, St. Paul, Minn., for petitioner.

William B. Randall, Ramsey County Atty., by Daniel J. Hollihan, Asst. Ramsey County Atty., for respondent.

NEVILLE, District Judge.

Before the court for consideration is a petition for a writ of habeas corpus filed by a state court prisoner who at the time of its filing was serving an indeterminate sentence for third degree murder. The court, mindful of Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed. 2d 837 (1962) and Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1962), ordered an evidentiary...

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