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UNITED STATES EX REL. MEANS v. SOLEM

No. CIV79-4049.

480 F.Supp. 128 (1979)

UNITED STATES of America, ex rel. Ted MEANS, Petitioner, v. Hon. Herman SOLEM, Warden, South Dakota State Penitentiary, Sioux Falls, South Dakota, Respondent.

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

November 7, 1979.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, S. D., and Sidney B. Strange, of Strange & Strange, Sioux Falls, S. D., for petitioner.

LeAnn Larson Finke, Asst. Atty. Gen., Pierre, S. D., for respondent.

MEMORANDUM DECISION

NICHOL, Chief Judge.

The petitioner Ted Means having been convicted of riot to obstruct justice seeks a writ of habeas corpus in accordance with 28 U.S.C. section 2254. The petitioner raises the following claims in his writ:

(1) that the refusal of the trial court to instruct the jury on the defenses of self defense, defense of others, and ignorance or mistake of fact was a denial of his rights to due process of law, to trial...

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