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ST. CLOUD v. LEAPLEY

No. 18332.

521 N.W.2d 118 (1994)

Richard Norman ST. CLOUD, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Timothy M. Gebhart, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for petitioner and appellant.

Mark W. Barnett, Atty. Gen. and John P. Guhin, Asst. Atty. Gen., Pierre, for appellee.

WUEST, Justice.

Richard St. Cloud (St. Cloud) appeals from the trial court's order denying his application for writ of habeas corpus. We affirm in part, reverse in part and remand.

FACTS

St. Cloud is a Native American whose blood quantum is 15/32 Yankton Sioux and 7/16 Ponca Indian Tribe; thus, he is 29/32 Native American. As a child, St. Cloud was enrolled in the Ponca Tribe of Nebraska. In 1962, the U.S. Congress passed legislation terminating...

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