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SCHWARTZMILLER v. GARDNER

Civ. No. 81-1304.

567 F.Supp. 1371 (1983)

Dean A. SCHWARTZMILLER, Plaintiff, v. Darrel GARDNER, Warden, Idaho State Correctional Institution and the State of Idaho, Defendants.

United States District Court, D. Idaho.

July 20, 1983.

Attorney(s) appearing for the Case

Michael E. Donnelly, Boise, Idaho, for plaintiff.

Robert R. Gates, Deputy Atty. Gen., Boise, Idaho, for defendants.

OPINION

RAY McNICHOLS, District Judge.

Before the Court is the petition of Dean A. Schwartzmiller for a Writ of Habeas Corpus. Schwartzmiller was convicted under Idaho Code § 18-6607, which prohibits lewd and lascivious conduct with a minor. He challenges the constitutionality of the statute on several grounds. The case is on remand from the Court of Appeals, 692 F.2d 765, which reversed this court's dismissal of Schwartzmiller's petition for failure...

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