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LITTLE v. GRAFF

Civ. No. 930224.

507 N.W.2d 55 (1993)

Elaine LITTLE, Director of the Department of Corrections and Rehabilitation, State of North Dakota, Petitioner, v. The Honorable Benny A. GRAFF, Judge of the District Court, South Central Judicial District, State of North Dakota, and Sheila Sheppard, Respondents.

Supreme Court of North Dakota.

September 29, 1993.

Attorney(s) appearing for the Case

Edwin F. Zuern (argued), Sp. Asst. Atty. Gen., Atty., Bismarck, for petitioner. Appearances by Elaine Little, Director of the Dept. of Corrections and Rehabilitation and Timothy Schuetzle, Warden, North Dakota State Penitentiary.

Rolf P. Sletten (argued), Bismarck, for respondents.

MESCHKE, Justice.

We hold that it was not an error of law for the trial court to conclude that the warden does not have the statutory authority to confine at the prison all women convicts who are sentenced to the Missouri River correctional center. Therefore, we decline to vacate the trial court's writ of habeas corpus ordering a woman prisoner transferred from the prison to the Center.

Unlike penological practice elsewhere, the North Dakota Legislature has...

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