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WINKLER v. SOLEM

No. CIV80-4006.

525 F.Supp. 117 (1981)

Mark WINKLER, Petitioner, v. Herman SOLEM, Warden, South Dakota State Penitentiary; and Mark Meierhenry, South Dakota Attorney General, Respondents.

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

September 17, 1981.

Attorney(s) appearing for the Case

A. Thomas Pokela, of Cadwell, Brende & Sanford, of Sioux Falls, S. D., for petitioner;

Miles F. Schumacher, Asst. Atty. Gen., of Pierre, S. D., for respondents.

MEMORANDUM DECISION AND ORDER

NICHOL, Senior District Judge.

Petitioner, Mark Winkler, seeks a Writ of Habeas Corpus, alleging that his confinement under the custody of Herman Solem, Warden of the South Dakota Penitentiary, is based upon a conviction in state court for aggravated assault as defined by S.D.C.L. 22-18-1.1(3) that was the result of proceedings that deprived him of constitutionally protected rights. Specifically, the petitioner alleges that...

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