United States Ex Rel. Bad Heart Bull v. Parkinson

MEMORANDUM DECISION

NICHOL, Chief Judge.

This is a habeas corpus proceeding under 28 U.S.C. Sec. 2254(a) brought by three individuals, each of whom was convicted in South Dakota state circuit court of a felony. After sentence was announced by the judge in the state court case, the three defendants requested that bail be set pending the appeal of their convictions to the South Dakota Supreme Court. The state trial judge refused the request.

This court held, in a previous opinion in this habeas proceeding, that the failure on the part of the state court judge to indicate the factors he considered,…