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BURKE v. ERICKSON

Civ. No. 72-4008.

343 F.Supp. 400 (1972)

Robert F. BURKE, Petitioner, v. Don R. ERICKSON, as the duly appointed and acting Warden of the South Dakota State Penitentiary, Respondent.

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

June 8, 1972.

Attorney(s) appearing for the Case

Steven L. Jorgensen, of Willy, Pruitt, Matthews & Jorgensen, Sioux Falls, S. D., for petitioner.

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

MEMORANDUM DECISION

NICHOL, Chief Judge.

Robert F. Burke has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C.A. Secs. 2241 and 2254, alleging that his confinement under the custody of Don R. Erickson, Warden of the South Dakota Penitentiary, was imposed upon a conviction and sentence which were the result of a guilty plea which was not entered voluntarily and intelligently and that he was denied effective assistance of counsel as guaranteed...

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