Larry P. High Pine v. The State of Montana and W. J. Estelle, Jr., Warden of Montana State Prison

High Pine, a Montana state prisoner, appeals from the District Court’s denial of his petition for habeas corpus. We affirm.

High Pine does not challenge the validity of his original conviction, in 1960, for second-degree murder; however, he asserts the violation of his constitutional rights in the circumstances surrounding his January, 1967, parole and the subsequent revocation thereof. Less than a week after his release on parole, High Pine left Montana to live with relatives on an Indian reservation located in South Dakota. This, apparently, was in violation of the conditions of his parole, and resulted in an arrest warrant being issued for him in Montana. In February, 1967, High Pine was arrested for disorderly conduct by the tribal police on the South Dakota reservation. Four days later, he was surrendered to Montana authorities, who returned him to their state. In March, 1967, his parole was formally revoked.

High Pine first contends that his return to Montana was predicated upon an illegal arrest by tribal police of the South Dakota reservation. He also contends that he was improperly turned over to the Montana authorities without the formalities of extradition. Assuming,…