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BRUGUIER v. CLASS

No. 20216.

599 N.W.2d 364 (1999)

1999 SD 122

James BRUGUIER, Petitioner and Appellant, v. Joseph CLASS, Warden, South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided September 1, 1999.

Rehearing Denied October 7, 1999.

Attorney(s) appearing for the Case

John M. Wilka of Wilka, Haugen & Kirby, P.C., Sioux Falls, for petitioner and appellant.

Mark Barnett, Attorney General, John P. Guhin, Deputy Attorney General, Pierre, for appellee.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we must again decide the status of certain lands lying within the 1858 boundaries of the Yankton Sioux Reservation. By habeas corpus petition, James Bruguier challenges state jurisdiction in Pickstown, the place of his criminal offense. The United States Supreme Court in South Dakota v. Yankton Sioux Tribe, 522 U.S. 329, 118 S.Ct. 789, 139 L.Ed.2d 773 (1998) [Yankton Sioux Tribe...

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