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WATKINS v. SOLEM

No. CIV 76-4112.

437 F.Supp. 824 (1977)

Charles Wesley WATKINS, Petitioner, v. Herman SOLEM, as the duly qualified, and acting Warden of the South Dakota State Penitentiary, or his successor, Respondent.

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

August 19, 1977.

Attorney(s) appearing for the Case

James R. Myers, of Simons, Gibbs, Feyder & Myers, Sioux Falls, S. D., for petitioner.

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

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner Charles Wesley Watkins seeks a writ of habeas corpus, based upon his allegation that his plea of guilty to two state charges of third degree burglary was not entered into voluntarily but rather was the product of impermissible coercion by the state. Petitioner asserts a basis for habeas corpus relief on three grounds: that his guilty plea was coerced by police threats of prosecution under the state's habitual...

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