Application of Buffalo Chief, Civ. No. 68-109S.
| Court | United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota |
| Writing for the Court | NICHOL |
| Citation | 297 F. Supp. 687 |
| Parties | Application of Larry BUFFALO CHIEF for a Writ of Habeas Corpus. |
| Docket Number | Civ. No. 68-109S. |
| Decision Date | 15 April 1969 |
297 F. Supp. 687
Application of Larry BUFFALO CHIEF for a Writ of Habeas Corpus.
Civ. No. 68-109S.
United States District Court D. South Dakota, S. D.
April 15, 1969.
Clinton G. Richards, Deadwood, S. D., for petitioner.
Walter W. Andre, Asst. Atty. Gen., Pierre, S. D., for Warden of South Dakota State Penitentiary and for the State of South Dakota.
MEMORANDUM DECISION
NICHOL, Chief Judge.
This is a ruling on an application of Larry Buffalo Chief for a writ of habeas corpus pursuant to Title 28, Secs. 2241 and 2254 of the United States Code. A hearing was held on November 13, 1968, at which the petitioner appeared in person accompanied by his attorney, Clinton G. Richards. Assistant Attorney General Walter W. Andre appeared for the State of South Dakota. Having heard the testimony of witnesses Roubideaux and Buffalo Chief and the arguments and authorities cited by counsel for both sides, the Court makes the following findings of fact and conclusions of law.
FINDINGS OF FACT
1. The petitioner, Larry Buffalo Chief, is a citizen of the United States, and is presently imprisoned and restrained of his liberty and detained under the color of authority of the State of South Dakota, in the custody of Don R. Erickson, Warden of the South Dakota Penitentiary at Sioux Falls, South Dakota, in this district.
2. The claim and authority of which the petitioner is restrained of his liberty is a Judgment and Sentence of the Circuit Court in and for the County of Lawrence, South Dakota, rendered on April 21, 1966, by virtue of the removal of the case to that court from the Circuit Court in and for Pennington County, the county of the location of the alleged crime.
3. The petitioner was tried jointly in said Circuit Court with one Leon Gayton on a charge of murder, both men being represented by the same counsel. As a result of said trial, the jury returned a verdict of guilty of first degree manslaughter, and the petitioner was sentenced to serve twenty-five years in the South Dakota State Penitentiary.
4. During the trial, the testimony of State's witness Osborne indicated that the three men who were surrounding and kicking the victim, C. F. Thorn, were dressed as follows: (1) one wearing a white shirt, (2) one wearing a lightcolored shirt, and (3) one wearing a short-sleeved shirt. (Settled Record p. 454). At the time of this altercation, petitioner, Buffalo Chief, was wearing a
To continue reading
Request your trial
-
Brown v. State, No. 358
...215 Pa.Super. 41, 257 A.2d 367 (1969), California v. Fuller, 268 Cal.App.2d 844, 74 Cal.Rptr. 488 (1969), Application of Buffalo Chief, 297 F.Supp. 687 (U.S.D.C., S.D.1969), and Craig v. United States, 217 F.2d 355 (6th Cir. 1954). In Jones, Buffalo Chief and Craig, relief was granted since......
-
State v. Gatewood, No. 54026
...Cir., 355 F.2d 241, 243; United States v. Dardi, 2 Cir., 330 F.2d 316, 335; Application of Larry Buffalo Chief, District Court, S.Dak., 297 F.Supp. 687, 688; Lugo v. United States, 9 Cir., 350 F.2d 858, 859; United States ex rel. Williamson v. LaValle, District Court, E.Dist.N.Y., 282 F.Sup......
-
United States v. Youpee, No. 24722.
...the several defendants. Lollar v. United States, 126 U.S.App.D.C. 200, 376 F.2d 243, 246 (D.C.Cir. 1967); Application of Buffalo Chief, 297 F. Supp. 687, 689 (D.S.D. 1969); United States ex rel. Williamson v. LaVallee, 282 F.Supp. 968, 971 (E.D.N.Y. There is no per se rule here; counsel may......
-
Starte v. Goode, No. 10554
...determination in a post-conviction proceeding. Ch. 23--52 SDCL 1967. --------------- 1 However, see Application of Buffalo Chief, D.C., 297 F.Supp. 687. ...
-
Brown v. State, 358
...215 Pa.Super. 41, 257 A.2d 367 (1969), California v. Fuller, 268 Cal.App.2d 844, 74 Cal.Rptr. 488 (1969), Application of Buffalo Chief, 297 F.Supp. 687 (U.S.D.C., S.D.1969), and Craig v. United States, 217 F.2d 355 (6th Cir. 1954). In Jones, Buffalo Chief and Craig, relief was granted since......
-
State v. Gatewood, 54026
...Cir., 355 F.2d 241, 243; United States v. Dardi, 2 Cir., 330 F.2d 316, 335; Application of Larry Buffalo Chief, District Court, S.Dak., 297 F.Supp. 687, 688; Lugo v. United States, 9 Cir., 350 F.2d 858, 859; United States ex rel. Williamson v. LaValle, District Court, E.Dist.N.Y., 282 F.Sup......
-
United States v. Youpee, 24722.
...the several defendants. Lollar v. United States, 126 U.S.App.D.C. 200, 376 F.2d 243, 246 (D.C.Cir. 1967); Application of Buffalo Chief, 297 F. Supp. 687, 689 (D.S.D. 1969); United States ex rel. Williamson v. LaVallee, 282 F.Supp. 968, 971 (E.D.N.Y. There is no per se rule here; counsel may......
-
Starte v. Goode, 10554
...determination in a post-conviction proceeding. Ch. 23--52 SDCL 1967. --------------- 1 However, see Application of Buffalo Chief, D.C., 297 F.Supp. 687. ...