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UTSLER v. ERICKSON

Civ. No. 70-73S.

315 F.Supp. 480 (1970)

Gilbert Arizona UTSLER, Petitioner, v. Don R. ERICKSON, Warden of the South Dakota Penitentiary, Respondent.

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

July 31, 1970.

Attorney(s) appearing for the Case

Richard Braithwaite, of Braithwaite, Cadwell & Braithwaite, Sioux Falls, S.D., for petitioner.

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

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner Gilbert Arizona Utsler has initiated this habeas corpus proceeding pursuant to 28 U.S.C. Sec. 2241 alleging that his present confinement in the South Dakota State Penitentiary is the result of a conviction returned in a trial in which he was deprived of his constitutional rights. Petitioner was convicted by a jury of robbery in the first degree and was sentenced to serve ten years in prison.

Petitioner...

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