CHIEF EAGLE v. SOLEM

No. 15540.

417 N.W.2d 861 (1987)

Homer I. CHIEF EAGLE, Appellee, v. Herman SOLEM as Warden of the South Dakota Penitentiary, Appellant.

Supreme Court of South Dakota.

Decided December 30, 1987.

Rehearing Denied February 3, 1988.


Attorney(s) appearing for the Case

Robert L. Chavis, Yankton, for appellee.

Thomas Harmon, Asst. Atty. Gen., Pierre, for appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


YOUNG, Circuit Judge.

Homer I. Chief Eagle (Chief Eagle) was convicted of third degree burglary under SDCL 22-32-8. Chief Eagle applied for a writ of habeas corpus and a pre-emptory writ was issued. After a full briefing of the issues, the trial court granted Chief Eagle's writ of habeas corpus. The state filed and served their notice of appeal. We reverse.

The facts of this case are set out in detail in our prior decision of State v. Chief Eagle, ...

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