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ALLEN v. RADACK

No. CIV77-5001.

426 F.Supp. 1052 (1977)

T. L. ALLEN, Petitioner, v. Darrel RADACK, Superintendent, South Dakota Human Services Center, Yankton, South Dakota, Respondent.

United States District Court, D. South Dakota.

February 10, 1977.

Attorney(s) appearing for the Case

Ronald E. Brodowicz, Rapid City, S.D., for petitioner.

Judith A. Atkinson, Asst. Atty. Gen., Pierre, S.D., for respondent.

MEMORANDUM OPINION

BOGUE, District Judge.

I. FACTUAL BACKGROUND

Petitioner in the above-entitled matter is presently in the custody of Respondent, having been first committed to such custody shortly after being acquitted by reason of mental illness of the charge of murder in the South Dakota Circuit Court for the Seventh Judicial Circuit. Under South Dakota law, an acquittal by reason of mental illness means that the defendant has sufficiently...

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