Charles R. Orricer v. Donald R. Erickson, Warden of the South Dakota State Penitentiary

BRIGHT, Circuit Judge.

Charles R. Orricer collaterally attacks his state court conviction and the resulting fifteen-year prison sentence for committing burglary in the second, degree in violation of the criminal laws of South Dakota. Orricer’s conviction dates back to March, 1961. The Supreme Court of South Dakota affirmed the conviction on direct appeal, State v. Orricer, 80 S.D. 126, 120 N.W.2d 528 (1963), and subsequently affirmed the denial of his petition for postconviction relief. Orricer v. State, 85 S.D. 293, 181 N.W.2d 461 (1970). After exhausting his remedies in the state courts,…