Legal Opinion

Robert Gray Graham v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South Dakota

Court of Appeals for the Eighth Circuit

Decided March 5, 1984No. 82-1371PublishedCited by 92 opinions

1Opinion of the Court

Herman Solem, Warden of the South Dakota State Penitentiary at Sioux Falls, and Mark Meierhenry, Attorney General of South Dakota, appeal from a final judgment entered in the District Court for the District of South Dakota granting a writ of habeas corpus to petitioner Robert Graham. *1535For the reasons discussed below, the judgment of the district court is reversed.

Two issues were argued and submitted to the court sitting en banc: (1) whether Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), should apply retroactively and (2) whether the district court erred in holding that the…

Also in this document: Dissent.

2Cases cited34 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  3. Anderson v. HarlessSupreme Court of the United States · 1982
  4. Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
  5. State v. ReimanSouth Dakota Supreme Court · 1979

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3Cited by92 opinions

  1. George C. Gilmore v. Bill Armontrout, George C. Gilmore v. Bill ArmontroutCourt of Appeals for the Eighth Circuit · 1988
  2. Donald Tangwall v. Thomas StuckeyCourt of Appeals for the Seventh Circuit · 1998
  3. Darrell Martin v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1986
  4. United States v. Kenneth Huie DavisCourt of Appeals for the Eighth Circuit · 1986
  5. Payne v. United StatesDistrict of Columbia Court of Appeals · 1986

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