WAGNER v. STATE

No. 94-199.

889 P.2d 1189 (1995)

Wayne Thomas WAGNER, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided February 15, 1995.


Attorney(s) appearing for the Case

Wayne Thomas Wagner, Littleton, Colorado pro se.

Scott B. Spencer, Lincoln County Attorney, Libby; Hon. Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena, for Respondent.


NELSON, Justice.

Appellant, Wayne Thomas Wagner, filed a petition for post-conviction relief in the Nineteenth Judicial District Court, Lincoln County. Wagner appeals from the District Court's dismissal of his petition. We affirm.

The issue on appeal is whether the District Court erred in dismissing Wagner's petition for post-conviction relief.

On August 17, 1988, United States Forest Service officials were conducting a surveillance of property which...

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