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MARTIN v. SOLEM

Nos. 85-5298, 86-5014.

801 F.2d 324 (1986)

Darrell MARTIN, Appellee, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and Mark V. Meierhenry, Attorney General, State of South Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1986.

Rehearing and Rehearing Denied November 14, 1986.

Attorney(s) appearing for the Case

Sherri L. Sundem, Asst. Atty. Gen., Pierre, S.D., for appellants.

Mark F. Marshall, Rapid City, S.D., for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 14, 1986 in No. 86-5014.

McMILLIAN, Circuit Judge.

In appeal No. 85-5298 the state of South Dakota appeals from an order entered in the District Court for the District of South Dakota granting Darrell Martin's request for release on bail from the state penitentiary pending disposition of his petition for writ of habeas corpus. In appeal No. 86-5014 the state of South Dakota appeals from a final order entered...

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