DESS v. STATE OF MONTANA

No. 26105.

450 F.2d 939 (1971)

Timothy E. DESS, Appellant, v. The STATE OF MONTANA, and its Agents, et al., i. e., W. J. Estelle, Jr., Warden of the Montana State Prison, Appellees.

United States Court of Appeals, Ninth Circuit.

November 1, 1971.


Attorney(s) appearing for the Case

Timothy E. Dess, in pro. per.

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

Before KILKENNY and TRASK, Circuit Judges, and GOODWIN, District Judge.


PER CURIAM:

The district court, without a hearing, denied appellant's petition for a writ of habeas corpus, 312 F.Supp. 1325. He appeals. We affirm.

The main thrust of appellant's appeal is that he has standing to challenge the legality of the search and seizure which, in large measure, led to his conviction. The entire record of the Montana trial court was before the Montana Supreme Court, State v. Dess, 154 Mont. 231...

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