Legal Opinion

In re Kiser

District Court, D. South Dakota

Decided January 16, 1969No. Civ. No. 68-80SPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM DECISION

NICHOL, Chief Judge.

Melvin F. Kiser, hereinafter referred to as petitioner, brings an application for a writ of habeas corpus in accordance with Title 28, Sees. 2242, 2243, and 2254 of the United States Code. The petitioner claims violation of his Constitutional Rights specifically as guaranteed by Article XIV and the Fourth and Sixth Amendments of the United States Constitution.

Although Title 28 U.S.C. sec. 2254 does not require that a federal district court conduct an evidentiary hearing, Doerflein v. Bennett, 405 F.2d 171 (8th Cir.), (January 10, 1969), evidence was…

2Cases cited15 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Johnson v. New JerseySupreme Court of the United States · 1966
  4. Brown v. AllenSupreme Court of the United States · 1953
  5. Henry v. United StatesSupreme Court of the United States · 1959

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3Cited by3 opinions

  1. State v. IversonNorth Dakota Supreme Court · 1971
  2. Phillips v. CCADCDistrict Court, D. New Mexico · 2024
  3. State v. IversonNorth Dakota Supreme Court · 1971

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