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CONNELLY v. PARKINSON

No. Civ. 75-4037.

405 F.Supp. 811 (1975)

Neil CONNELLY, Petitioner, v. J. D. PARKINSON, Warden of The State of South Dakota Penitentiary, Respondent.

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

December 17, 1975.

Attorney(s) appearing for the Case

Arlie J. Brende, of Braithwaite & Cadwell, Sioux Falls, S. D., for petitioner.

Peter H. Lieberman, Asst. Atty. Gen., Pierre, S. D., for respondent.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner is currently incarcerated at the South Dakota State Penitentiary and alleges, pursuant to 28 U.S.C. Sec. 2254, that his custody is in violation of the Constitution of the United States. Oral arguments have been made and briefs submitted by counsel. State post-conviction remedies have been exhausted except for one issue which will be mentioned below.

Petitioner pleaded guilty in Circuit Court to...

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