John Michael Radford v. Roy R. Stewart, Sheriff of Yellowstone County, Montana, or Any Other Person Having Custody of John Michael Radford

Petitioner was convicted of first degree murder in a District Court of the State of Montana. Prior to trial he sought relief from the provisions of Section 95-1803 (d) of the Revised Montana Code, 1947. That section provides:

Thus, in effect, the statute requires a defendant who intends to rely upon a defense of insanity, self-defense, or alibi, to serve notice upon the prosecution within ten days after plea, as well as to supply the prosecution with the names and addresses of witnesses to be called in support of those defenses. On its face the statute puts no corresponding duty on the prosecution.

Prior to trial, the defendant filed a writ with the Montana Supreme Court to test the constitutionality of- the statute. The Montana Supreme Court held the statute constitutional in the case of State ex rel. Sikora v. Thirteenth Judicial District, 154 Mont. 241 , 462 P.2d 897 (1969).

Defendant then went to trial after giving the requisite notice re insanity and self-defense. After sentence, defendant petitioned for habeas corpus to the Federal District Court for the District of Montana (Billings Division). That court denied his petition on December 22, 1970, in the case of Radford v.…