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GAWRON v. ROBERTS

No. 16604.

743 P.2d 983 (1987)

113 Idaho 330

Timothy J. GAWRON, Petitioner-Appellant, v. Lt. Mike ROBERTS, Jailor, Ada County Jail; Robert Lewis, Probation Officer; and Ronald Housley, Probation Officer, Respondents.

Court of Appeals of Idaho.

July 13, 1987.

Attorney(s) appearing for the Case

Timothy J. Gawron, pro se.

Jim Jones, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for respondents.

WALTERS, Chief Judge.

Timothy Gawron was arrested and jailed by his probation officer for violating the terms of his probation agreement. Two days later, in a habeas corpus proceeding, a magistrate ordered Gawron released from custody. After Gawron's release, the state appealed to the district court. The district court reversed the magistrate's decision, concluding that Gawron "was not illegally in custody" when the magistrate ordered his release. Gawron appeals from...

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