SMITH v. McCOLLOUGH

No. Civ.3:97-CV-1284.

97 F.Supp.2d 626 (1999)

Gerald J. SMITH, Petitioner, v. John McCOLLOUGH, District Attorney of Carbon County, and Michael Fisher, Respondents.

United States District Court, M.D. Pennsylvania.

January 26, 1999.


Attorney(s) appearing for the Case

Thomas A. Thornton, F.P.D. in Harrisburg, PA, for petitioner.

Jerome T. Foerster, Harrisburg, PA, David W. Addy, Jim Thorpe, Lehighton, PA, for respondents.


MEMORANDUM

NEALON, District Judge.

Petitioner, Gerald J. Smith, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on August 21, 1997, in which he contended that the state courts erroneously denied his motion to suppress evidence gathered during the execution of an allegedly invalid search warrant in violation of his Fourth Amendment right against unreasonable searches and seizures. (Doc. 1). Petitioner filed a counseled amended...

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