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UNITED STATES EX REL. CONDON v. ERICKSON

No. Civ. 71-17S.

329 F.Supp. 1 (1971)

UNITED STATES of America ex rel. Tilden Louis CONDON, Plaintiff, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant.

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

August 9, 1971.

Attorney(s) appearing for the Case

John E. Simko, Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for plaintiff.

Roger A. Schiager, Special Asst. Atty. Gen., for the State of South Dakota, Sioux Falls, S. D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

On August 12, 1965, petitioner was convicted in the Circuit Court of the County of Dewey, State of South Dakota, pursuant to his plea of guilty to the charge of first degree rape in violation of S.D.C.L. 22-22-4 (1967). Petitioner filed an application for habeas corpus relief in Circuit Court for the County of Minnehaha, State of South Dakota, on July 14, 1969. The application...

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