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CROWE v. STATE OF SOUTH DAKOTA

No. Civ. 73-4017.

356 F.Supp. 777 (1973)

Percy CROWE, Plaintiff, v. STATE OF SOUTH DAKOTA, Defendant.

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

April 5, 1973.

Attorney(s) appearing for the Case

William J. Janklow, of Srstka & Janklow, Rosebud, S. D., for plaintiff.

Walter W. Andre, Asst. Atty. Gen., Pierre, S. D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Percy Crowe petitions this court for habeas corpus relief pursuant to sections 2241 and 2254, 28 U.S.C. Petitioner is currently incarcerated in the South Dakota State Penitentiary for a sentence of 20 years following a plea of guilty to first degree rape. The State concedes that Crowe has exhausted his state court remedies by seeking the post-conviction relief authorized in SDCL 23-52 (1967), and having appealed that...

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