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STATE OF SOUTH DAKOTA EX REL. THUNDERHORSE v. ERICKSON

Civ. No. 71-19S.

328 F.Supp. 1149 (1971)

STATE OF SOUTH DAKOTA ex rel. Charles Roland THUNDERHORSE, Petitioner, v. Donald R. ERICKSON, Warden, South Dakota State Penitentiary, Sioux Falls, South Dakota, Respondent.

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

July 9, 1971.

Attorney(s) appearing for the Case

Gary J. Pashby, of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S. D., for petitioner.

Roger A. Schiager, Sp. Asst. Atty. Gen., Sioux Falls, S. D., for respondent.

MEMORANDUM DECISION

NICHOL, Chief Judge.

On February 13, 1969, petitioner, Charles Roland Thunderhorse, was convicted by a jury of the crime of robbery in the first degree. Petitioner received a five year sentence which he is currently serving. On May 12, 1970, petitioner's appeal from his conviction was denied by the South Dakota Supreme Court. State v. Thunder Horse, 177 N.W.2d 19 (1970). Petitioner has now filed a petition...

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