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SMITH v. DEMOSTHENES

No. CV-N-89-763-HDM.

734 F.Supp. 434 (1990)

Michael SMITH, Petitioner, v. Peter DEMOSTHENES and Brian McKay, Attorney General of the State of Nevada, Respondents.

United States District Court, D. Nevada.

February 23, 1990.

Attorney(s) appearing for the Case

Michael Smith, Ely, Nev., pro se.

Stuart Newman, Office of the Atty. Gen., Carson City, Nev., for respondents.

ORDER

McKIBBEN, District Judge.

Michael Smith, a state prisoner, has petitioned for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Smith raises two constitutional challenges to his state conviction. First, he contends the state authorities' search of his apartment violated his rights under the fourth, fifth, and fourteenth amendments to the United States Constitution. Second, he alleges the state district court committed error in permitting evidence...

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