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GROOMS v. SOLEM

No. Civ. 81-3024.

520 F.Supp. 1184 (1981)

Daniel GROOMS, Petitioner, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and Mark V. Meierhenry, Attorney General, State of South Dakota, Respondents.

United States District Court, District of South Dakota, Central Division.

September 2, 1981.

Attorney(s) appearing for the Case

Scott C. Petersen, Sioux Falls, S. D., for petitioner.

Douglas E. Kludt, Asst. Atty. Gen., Pierre, S. D., for respondents.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Petitioner filed an application for writ of habeas corpus, claiming that he had been deprived of his right to appeal his 1979 conviction by ineffective assistance of counsel. Having found that petitioner did not waive his right to appeal, and that his rights were in fact violated, this Court provisionally grants the writ of habeas corpus.

FACTUAL BACKGROUND

The...

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