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UNITED STATES EX REL. BAD HEART BULL v. PARKINSON

No. Civ. 74-4051.

385 F.Supp. 1265 (1974)

UNITED STATES of America ex rel. Sarah BAD HEART BULL et al., Relators, v. J. D. PARKINSON, Warden, South Dakota Penitentiary, Sioux Falls, South Dakota, and Margaret Holt, Warden, Women's Correctional Facility, Yankton, South Dakota, Respondents.

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

December 30, 1974.

Attorney(s) appearing for the Case

Kenneth E. Tilsen, St. Paul, Minn., and Sidney B. Strange and Keith R. Strange, Sioux Falls, S. D., for relators.

Harold C. Doyle, Sp. Asst. Atty. Gen., Sioux Falls, S. D., for respondents.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This is a habeas corpus proceeding under 28 U.S.C. Sec. 2254(a) brought by three individuals, each of whom was convicted in South Dakota state circuit court of a felony. After sentence was announced by the judge in the state court case, the three defendants requested that bail be set pending the appeal of their convictions to the South Dakota Supreme Court. The state trial judge refused the request.

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