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DESS v. STATE OF MONTANA

Civ. No. 1874.

312 F.Supp. 1325 (1970)

In the Matter of the Application and Petition for the Writ of Habeas Corpus of Timothy E. DESS, Petitioner Acting Pro Se, v. The STATE OF MONTANA, and Its Agents et al., I. E., W. J. Estelle, Jr., Warden of the Montana State Prison, Respondents.

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

May 23, 1970.

Attorney(s) appearing for the Case

Timothy E. Dess, in pro. per.

Robert L. Woodahl, Atty. Gen., J. C. Weingartner, Asst. Atty. Gen., Helena, Mont., for respondents.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Petitioner was convicted of the burglary of a grocery store. He now seeks a writ of habeas corpus asserting the violation of his Fourteenth Amendment rights. The trial court, after a full hearing, denied a motion to suppress and on appeal the Supreme Court affirmed on the ground that the petitioner had no standing to invoke the rule of exclusion.1 State v. Dess,

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