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BRECH v. ERICKSON

Civ. No. 71-47W.

346 F.Supp. 1263 (1972)

Doyle J. BRECH, Sr., Petitioner, v. Don R. ERICKSON, as the duly appointed and acting Warden of the South Dakota State Penitentiary, Respondent.

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

August 23, 1972.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith by John Simko, Sioux Falls, S. D., for petitioner.

Gordon Mydland, Atty. Gen. for the State of S. D., by Walter W. Andre, Asst. Atty. Gen., Pierre, S. D., for respondent.

DECISION AND ORDER

BECK, District Judge.

This writ is on the theory that the petitioner on the first degree manslaughter charge against him in the state court on April 17, 1964, as he answered "Yes" did not actually plead guilty, but if he did that it was not entered voluntarily, not with an understanding of the proceedings or elements of the offense as they applied to the circumstances, that his detention is unlawful, illegal and void, due process guaranteed...

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