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In re Petition of Mozer

Supreme Court of Montana
May 23, 1973
511 P.2d 1320 (Mont. 1973)

Opinion

No. 12523.

Decided May 23, 1973.


MEMO OPINION


Original Proceeding.

Petitioner, appearing pro se, has filed with this Court his petition for a writ of habeas corpus, alleging his confinement in the Cascade County jail is in violation of the United States Constitution and the Montana Constitution. It appears from the petition that previously a petition for a writ of habeas corpus had been filed in the district court and that he has court appointed counsel. It has long been a rule of this Court that we do not accept pro se petitions when the applicant is represented by counsel because counsel can properly present such matters and should be permitted to do so without interference from his client. See Taylor v. State of Montana, 159 Mont. 535, 499 P.2d 806.

For this reason this pro se petition is dismissed and the relief requested denied.


Summaries of

In re Petition of Mozer

Supreme Court of Montana
May 23, 1973
511 P.2d 1320 (Mont. 1973)
Case details for

In re Petition of Mozer

Case Details

Full title:IN RE PETITION OF JACK JAY MOZER

Court:Supreme Court of Montana

Date published: May 23, 1973

Citations

511 P.2d 1320 (Mont. 1973)
162 Mont. 540

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