SOBER v. CRIST

No. CV-79-13-BLG.

551 F.Supp. 724 (1982)

Lawrence LaVern SOBER, Petitioner, v. Roger W. CRIST, Warden, Montana State Prison, and Michael T. Greely, Attorney General, State of Montana, Respondents.

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

June 28, 1982.


Attorney(s) appearing for the Case

Gene R. Jarussi, Keefer, Roybal, Hanson, Stacey & Jarussi, Billings, Mont., for petitioner.

Charles A. Bradley, Chief Deputy County Atty., Yellowstone County, Billings, Mont., for respondents.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

BATTIN, Chief Judge.

PROCEDURAL BACKGROUND

Petitioner previously initiated this habeas corpus action under 28 U.S.C. § 2254, attacking the validity of a September 1977 Montana district court conviction upon his plea of guilty, for attempted sexual intercourse without consent, in violation of R.C. M.1947, § 94-5-503, presently codified at MCA § 45-5-503 (1981). On June 22, 1979, this Court granted...

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