Dale J. Burge v. State Idaho

Appellant, Dale J. Burge, a prisoner at the Idaho State Penitentiary, filed a petition for writ of habeas corpus. The petition was denied without hearing by the trial court, and from that order petitioner appealed. Burge personally prepared his petition and notice of appeal, setting forth the facts and arguments of law he thought applied. On appeal he is represented by counsel who submitted a brief on his behalf. The grounds for the petition are threefold, and consist of, (1) cruel and unusual punishment, (2) illegal search and seizure, and (3) duress. Appellant contends that the court erred in not granting the writ on all or one of the three grounds alleged and that in any event it should have been granted when all are considered together.