LARRY BUFFALO CHIEF v. STATE OF SOUTH DAKOTA

No. 19786.

425 F.2d 271 (1970)

Application of LARRY BUFFALO CHIEF, for a Writ of Habeas Corpus, v. STATE OF SOUTH DAKOTA and Don R. Erickson, Warden, Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied June 3, 1970.


Attorney(s) appearing for the Case

R. James Zieser, Asst. Atty. Gen., State of South Dakota, Pierre, S. D., for appellants; Gordon Mydland, Atty. Gen., State of South Dakota, on the brief.

Clinton G. Richards, of Hayes & Richards, Deadwood, S. D., on brief, for appellee.

Before MATTHES, GIBSON and LAY, Circuit Judges.


GIBSON, Circuit Judge.

The State of South Dakota appeals from an order of the United States District Court for South Dakota, the Honorable Fred J. Nichol, granting Larry Buffalo Chief's petition for writ of habeas corpus.1 Judge Nichol ordered Buffalo Chief released from the State Penitentiary at Sioux Falls, South Dakota within 90 days of the court's order or within 90 days of an affirmance of...

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