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HAVENS v. SOLEM

Civ. No. 78-4063.

455 F.Supp. 1132 (1978)

Glenn D. HAVENS, Petitioner, v. Herman SOLEM, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Respondent.

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

August 17, 1978.

Attorney(s) appearing for the Case

Ramon A. Roubideaux, Rapid City, S. D., for petitioner.

John P. Guhin, Asst. Atty. Gen., Pierre, S. D., for respondent.

MEMORANDUM DECISION

NICHOL, Chief Judge.

The petitioner, Glenn D. Havens, seeks a writ of habeas corpus, claiming that his confinement in the South Dakota Penitentiary is based upon a conviction obtained in state court under an unconstitutional statute and as a result of proceedings which violated his due process rights. An alleged error in instruction of the jury and prosecutorial misconduct are the bases for the due process claims.

Specifically...

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