Legal Opinion

Petition of Gallagher

Montana Supreme Court

Decided January 25, 1968No. 11434PublishedCited by 2 opinions

1Per curiam

Byron Joseph Gallagher, an inmate of the Montana State Prison, appearing pro se, has filed with this conrt a motion to vacate sentences imposed upon him on the ground that they were imposed in violation of the 14th Amendment to the United States Constitution.

In support of this contention, petitioner asserts that (1) an involuntary confession was admitted at his trial; (2) no bench warrant was issued for his arrest; (3) no warrant for search and seizure; and (4) a witness was intimidated into giving damaging testimony.

Before proceeding to a discussion of these contentions, it should be noted…

2Cases cited7 opinions

  1. Elkins v. United StatesSupreme Court of the United States · 1960
  2. Rios v. United StatesSupreme Court of the United States · 1960
  3. Casey v. United StatesSupreme Court of the United States · 1952
  4. Casey v. United StatesCourt of Appeals for the Ninth Circuit · 1951
  5. State v. CallaghanMontana Supreme Court · 1964

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. OsbornSupreme Court of Iowa · 1972
  2. State v. OsbornSupreme Court of Iowa · 1972

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