In the Matter of Cloyce Gilbert Little Light v. Roger W. Crist, Warden, Montana State Prison, Mike Greely, Attorney General, State of Montana

Cloyce Gilbert Little Light, appearing pro se (Little Light), appeals the summary dismissal of his 28 U.S.C. § 2254 habeas corpus petition and action entered by the District Court on November 30, 1979, pursuant to Rule 4 of the Rules Governing § 2254 Cases. We note jurisdiction under 28 U.S.C. § 2253 and affirm in part and remand in part.

Proceedings in state courts:

Little Light was convicted and sentenced in a Montana court on the charge of forcible rape of an elderly woman within the town of Hardin, Montana, on March 31, 1964. Sheriff’s deputies arrested him, without a warrant, on the Crow reservation on April 1. On April 2, the justice of the peace issued a warrant of arrest. Little Light was arraigned, informed of his rights, waived a preliminary hearing, and entered a plea of guilty on that date, although he now contends he never pleaded guilty.

On April 9, 1964, the state filed an information, charging Little Light with rape. The minutes of the Montana trial court disclose that Little Light was arraigned on that date, waived his right to counsel and trial by jury, and entered a plea of guilty, although again Little Light contends he never entered a plea of guilty. The…