In re Howard
In re Howard
Opinion of the Court
MEMO OPINION
Dallas E. Howard, an- inmate of- the Montana State Prison, appearing pro se, petitions this Court for a writ of habeas corpus.
In his petition he-states that he is an Indian and that-his constitutional rights were violated and denied him when he. was arrested and removed from a federal Indian reservation.
In support of this contention he alleges that on March 16, 1965, he was sentenced to a term of five years by the district
Petitioner was taken before the district court and his suspended sentence was revoked; he claims that since his arrest was illegal that his present detention is invalid, illegal and void.
The district court file indicates that the court found at his hearing on the petition for revocation of sentence that he had failed to cooperate with his parole officer by not reporting his whereabouts; frequented places where intoxicating beverages were sold; indulged in drinking intoxicating beverag'es; and associated with ex-convicts, all of which were prohibited by the order of suspension and the rules of the Board of Pardons.
At all times petitioner was represented by counsel,. being at his arraignment, plea, and revocation hearing.
The court file also discloses that in July 1969, he filed in the district court a motion to vacate and set aside his sentence, his complaint then being with reference to his arrest for violating the terms of his parole from the prison. He had been paroled on May 13, 1966, was arrested in Spokane, Washington on February 23, 1968, and returned to the Montana State Prison where his parole was revoked on March 5, 1968. He was again represented in the district court by counsel.
In no proceeding previously has any question been raised as to his arrest on an Indian reservation, nor do the court minutes in the various proceedings indicate, that such a question was ever raised. ,
No merit appearing the relief requested is refused and this proceeding is dismissed.
Reference
- Full Case Name
- In re Petition of DALLAS E. HOWARD
- Status
- Published