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UNITED STATES EX REL. MINER v. ERICKSON

Civ. No. 69-66S.

303 F.Supp. 960 (1969)

UNITED STATES of America ex rel. Nelson MINER, Plaintiff and Petitioner, v. Donald R. ERICKSON, as the duly appointed, qualified, and acting Warden of the South Dakota State Penitentiary, Defendant.

United States District Court D. South Dakota, S. D.

September 23, 1969.

Attorney(s) appearing for the Case

C. L. Anderson, Sioux Falls, S.D., for plaintiff and petitioner.

Roger A. Schiager, Special Asst. Atty. Gen., Sioux Falls, S.D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner, Nelson Miner, presently being held in custody in the South Dakota State Penitentiary pursuant to the judgment of a state court, brings this application for a writ of habeas corpus under Sec. 2254 of Title 28 of the United States Code. Petitioner is an Indian, 47 years of age, who pleaded guilty on March 28, 1962, in Circuit Court for Dewey County, South Dakota, to a charge of indecent molestation of minor...

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