James L. Devine v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South Dakota

McMILLIAN, Circuit Judge.

James Llewellyen DeVine appeals from a final judgment entered in the District Court for the District of South Dakota denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Appellant was convicted of second degree burglary and was sentenced as a habitual offender to 35 years imprisonment. For reversal he argues that the admission of statements he made to psychiatrists during a sanity evaluation violated his Fifth Amendment rights. For the reasons discussed below, we reverse and remand.

The facts underlying the burglary charge are not disputed. On…