Legal Opinion

Application of De Marrias

South Dakota Supreme Court

Decided July 23, 1958No. File 9700PublishedCited by 22 opinions

1Opinion of the CourtHanson, J.

In this habeas corpus proceeding petitioner, LaVern DeMarrias, appeals from an order of the Circuit Court of Minnehaha County denying his release from the state penitentiary.

DeMarrias is an Indian. On April 25, 1957 he was sentenced by the Circuit Court of Roberts County to serve a term of two years in the state penitentiary for the crime of burglary. The burglary was committed on non-Indian patented land within the City of Sisseton, in Roberts County, which city is located within the original exterior boundaries of the Lake Traverse Indian Reservation.

Petitioner challenges the authority of…

2Cases cited9 opinions

  1. United States v. PelicanSupreme Court of the United States · 1914
  2. Tooisgah v. United StatesCourt of Appeals for the Tenth Circuit · 1950
  3. State ex rel. Irvine v. District Court of Fourth Judicial Dist.Montana Supreme Court · 1951
  4. United States v. La PlantDistrict Court, D. South Dakota · 1911
  5. In Re AndyWashington Supreme Court · 1956

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. WincklerSouth Dakota Supreme Court · 1977
  2. In Re Rights to Use Water in Big Horn RiverWyoming Supreme Court · 1988
  3. Smith v. TempleSouth Dakota Supreme Court · 1967
  4. State v. WilliamsonSouth Dakota Supreme Court · 1973
  5. Clarence Ernest Beardslee, A/K/A Clarence Everett Beardslee v. United StatesCourt of Appeals for the Eighth Circuit · 1967

17 more not listed; retrieve them via the Exa API.

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