UNITED STATES EX REL. CONDON v. ERICKSON

No. 71-1518.

459 F.2d 663 (1972)

UNITED STATES of America ex rel. Tilden Louis CONDON, Plaintiff and Appellant, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant and Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1972.


Attorney(s) appearing for the Case

John Simko, Sioux Falls, S. D., for appellant.

William J. Srstka, Jr., Asst. Atty. Gen., Pierre, S. D., for appellee; Gordon Mydland, Atty. Gen., Roger A. Schiager, Special Asst. Atty. Gen., Sioux Falls, S. D., on the brief.

Before MATTHES, Chief Judge, and LAY and ROSS, Circuit Judges.


ROSS, Circuit Judge.

This is an appeal from the denial of habeas corpus relief in an action brought under 28 U.S.C. § 2254 by Tilden Louis Condon against Don R. Erickson, Warden of the South Dakota State Penitentiary. We reverse and remand with directions to hold an evidentiary hearing.

On November 2, 1964, Condon was serving a tribal sentence for public intoxication in Eagle Butte, South Dakota. He was allowed to leave jail that afternoon to keep an...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases