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UNITED STATES EX REL. COLLINS v. BLODGETT

No. CV-80-142-GF.

513 F.Supp. 1056 (1981)

The UNITED STATES of America, ex rel. William John COLLINS, Relator, v. James BLODGETT, Acting Warden, Montana State Prison, Respondent.

United States District Court, D. Montana, Great Falls Division.

May 15, 1981.

Attorney(s) appearing for the Case

Robert Emmons, Great Falls, Mont., for relator.

Michael Greeley, Atty. Gen., State of Mont., Helena, Mont. and J. Fred Bourdeau, County Atty., Great Falls, Mont., for respondent.

MEMORANDUM

HATFIELD, District Judge.

Petitioner, William Collins, an inmate at the Montana State Prison, has filed a 28 U.S.C. § 2254(a) petition for a writ of habeas corpus. The issues are whether the trial court's refusal to give one of petitioner's proposed instructions and the trial court's giving of another concededly improper instruction violated petitioner's Fourteenth Amendment right to due process...

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