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UNITED STATES EX REL. MINER v. ERICKSON

No. 19977.

428 F.2d 623 (1970)

UNITED STATES of America ex rel. Nelson MINER, Appellant, v. Donald R. ERICKSON, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

June 5, 1970.

Attorney(s) appearing for the Case

C. L. Anderson, Sioux Falls, S. D., on brief for appellant.

Gordon Mydland, Atty. Gen., Pierre, S. D., and R. James Zieser, Asst. Atty. Gen., on brief for appellee.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.

BLACKMUN, Circuit Judge.

Nelson Howard Miner, who is an enrolled Cheyenne Indian now 47 years of age and a prisoner in the South Dakota penitentiary, filed his application for a writ of habeas corpus with the United States District Court for the District of South Dakota. He sought relief from his 1962 plea of guilty on a state charge of child molestation (two girls aged 6 and 4, respectively, who were nieces of Miner and also enrolled Cheyennes), in violation of S...

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