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ZEMINA v. SOLEM

Civ. No. 76-4090.

438 F.Supp. 455 (1977)

Fred R. ZEMINA, Petitioner, v. Herman SOLEM, as the Duly Appointed, Qualified and Acting Warden of the South Dakota State Penitentiary, Respondent.

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

September 22, 1977.

Attorney(s) appearing for the Case

Stuart Tiede, Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for petitioner.

Peter H. Lieberman, Asst. Atty. Gen., Pierre, S. D., for respondent.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner, Fred R. Zemina, seeks a Writ of Habeas Corpus, alleging that his confinement under the custody of Herman Solem, Warden of the South Dakota Penitentiary, is based on a conviction in state court for first degree manslaughter that was the result of proceedings that deprived him of various fourth, sixth, and fourteenth amendment rights. Specifically, the petitioner alleges that the state proceedings were constitutionally...

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