PHILLIPS v. SOLEM

Nos. 13906, 13915.

336 N.W.2d 382 (1983)

Joe PHILLIPS, Petitioner and Appellee, v. Herman SOLEM, Warden, South Dakota State Penitentiary, 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 petitioner and appellee.

Richard Dale, Asst. Atty. Gen., Pierre, for respondent and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


WOLLMAN, Justice

The State has appealed from an order granting Phillips (petitioner) habeas corpus relief. Petitioner has filed a notice of review. We reverse and remand with instructions to quash the writ.

Petitioner was a trustee at the state penitentiary farm in Yankton. After receiving two disciplinary hearings for violating prohibitions on tattooing contained in the "Living Guide and Regulations of the South Dakota State Penitentiary," petitioner filed...

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