UNITED STATES EX REL. MEANS v. SOLEM

Civ. No. 78-4075.

457 F.Supp. 1256 (1978)

UNITED STATES of America ex rel. Russell MEANS, 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 29, 1978.


Attorney(s) appearing for the Case

William Kunstler, New York City, Kenneth E. Tilsen, St. Paul, Minn. and Sidney B. Strange, Sioux Falls, S. D., for petitioner.

William J. Janklow, Atty. Gen., Pierre, S. D., Gary Pashby, and Thomas H. Muilenburg, Sioux Falls, S. D., for respondent.


MEMORANDUM DECISION

NICHOL, Chief Judge.

The petitioner, Russell Means, seeks a writ of Habeas Corpus claiming that his confinement in the South Dakota State Penitentiary is based upon an unlawful conviction obtained in state court. Petitioner raises many claims. His first claim is that he was forced to surrender his absolute right to trial by jury as guaranteed by the 6th and 14th Amendments to the United States Constitution because of (a) the combination...

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