Poindexter v. Wolff

MEMORANDUM OF DECISION

URBOM, Chief Judge.

Edward Poindexter, an inmate in the Nebraska Penal and Correctional Complex, has petitioned for a writ of habeas corpus. In response to that petition this court on May 2, 1975, conducted an evidentiary hearing to determine (1) whether the petitioner has standing to contest the search of David Rice’s house on August 22, 1970; (2) if such standing exists, whether the decision in Rice v. Wolff, 388 F.Supp. 185 (U.S.D.C. Neb.1974), affirmed 513 F.2d 1280 (8th Cir. 1975), cert. granted 422 U.S. 1055, 95 S.Ct. 2677, 45 L.Ed.2d 707 (1975), is binding on all…