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THATSAPHONE v. WEBER

No. 97-1871.

137 F.3d 1041 (1998)

Bounsouay THATSAPHONE, Petitioner-Appellee, v. Douglas WEBER, Warden, South Dakota State Penitentiary; Mark W. Barnett, Attorney General, Respondents-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1998.

Rehearing and Suggestion for Rehearing Denied March 31, 1998.

Attorney(s) appearing for the Case

Grant Gormley, Pierre, SD, argued (Mark Barnett, Attorney General, on the brief), for Respondents-Appellants.

Douglas E. Hoffman, Sioux Falls, SD, argued, for Petitioner-Appellee.

Before RICHARD S. ARNOLD, Chief Judge, LOKEN and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 31, 1998.

LOKEN, Circuit Judge.

Bounsouay Thatsaphone was convicted in state court of third degree rape for engaging in sex with a minor. After the Supreme Court of South Dakota affirmed, Thatsaphone petitioned for federal habeas corpus relief. The district court granted the writ, concluding that Thatsaphone because of his lack of English language skills had been subjected to in-custody interrogation...

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