UTSLER v. ERICKSON

No. 20511.

440 F.2d 140 (1971)

Gilbert Arizona UTSLER, Appellant, v. Don R. ERICKSON, Warden of the South Dakota Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied April 23, 1971.


Attorney(s) appearing for the Case

Richard Braithwaite, Braithwaite, Cadwell & Braithwaite, Sioux Falls, S. D., for appellant.

Gordon Mydland, Atty. Gen., William J. Srstka, Jr., Asst. Atty. Gen., for appellee.

Before VAN OOSTERHOUT, GIBSON and LAY, Circuit Judges.


GIBSON, Circuit Judge.

The petitioner Gilbert Arizona Utsler, a state prisoner, appeals from a denial of his federal habeas corpus petition in the United States District Court for South Dakota.

Petitioner was arrested and convicted in a jury trial of first degree robbery on October 4, 1966, and was sentenced to ten years imprisonment in the state penitentiary. No appeal was taken from this conviction. Post conviction relief was sought in the state court on...

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