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SWAN v. MATTHEWS

No. CV-82-55-M.

555 F.Supp. 495 (1982)

Gary Joseph SWAN, Plaintiff, v. Donald R. MATTHEWS, individually and as Public Defender of Missoula County, Montana, and County of Missoula, Montana, Defendants.

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

October 13, 1982.

Attorney(s) appearing for the Case

Gary Joseph Swan, pro se.

Donald R. Matthews and Robert L. Deschamps, III, Missoula County Atty., Missoula, Mont., for defendants.

MEMORANDUM OPINION AND ORDER

HATFIELD, District Judge.

On May 3, 1972, the plaintiff, Gary Joseph Swan, was convicted of the crimes of rape and second-degree assault after a jury trial in the District Court of the State of Montana, Missoula County. Those convictions were not appealed within the time allowed under Montana law. However, on September 29, 1980, this court granted Swan a writ of habeas corpus relief, pursuant to 28 U.S.C. § 2254, upon the...

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