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CLARK v. SOLEM

Nos. 13947-13949 and 13967.

336 N.W.2d 381 (1983)

Dale CLARK, Leland Rich, and Gary Offet, Petitioners and Appellants, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Respondent, Appellee and Cross-Appellant.

Supreme Court of South Dakota.

Decided July 20, 1983.

Attorney(s) appearing for the Case

Joseph Neiles, Minnehaha County Public Defender, Sioux Falls, for petitioners and appellants.

Mark W. Barnett, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen., Pierre, on brief, for respondent, appellee and cross-appellant.

MORGAN, Justice.

Appellants Dale Clark, Leland Rich and Gary Offet (Inmates), inmates of the South Dakota State Penitentiary (Penitentiary), appeal from a circuit court order denying relief, pursuant to an application for writ of habeas corpus. Herman Solem, Warden of the Penitentiary (Warden), filed a notice of review. We reverse and remand with instructions.

On August 18, 1981, the Disciplinary Board of the Penitentiary found Inmates guilty of assaulting...

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