Legal Opinion

Havens v. Solem

District Court, D. South Dakota

Decided August 17, 1978No. Civ. 78-4063PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION

NICHOL, Chief Judge.

The petitioner, Glenn D. Havens, seeks a writ of habeas corpus, claiming that his confinement in the South Dakota Penitentiary is based upon a conviction obtained in state court under an unconstitutional statute and as a result of proceedings which violated his due process rights. An alleged error in instruction of the jury and prosecutorial misconduct are the bases for the due process claims..

Specifically, the petitioner claims that S.D.C.L. 22-22-1(1) 1 is unconstitutional because it unreasonably and arbitrarily proscribes acts which are inherently and…

2Cases cited25 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Donnelly v. DeChristoforoSupreme Court of the United States · 1974
  3. Winters v. New YorkSupreme Court of the United States · 1948
  4. United States v. MazurieSupreme Court of the United States · 1975
  5. Rose v. LockeSupreme Court of the United States · 1975

20 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ringe v. RomeroDistrict Court, W.D. Louisiana · 1985
  2. United States Ex Rel. Means v. SolemDistrict Court, D. South Dakota · 1978
  3. Smith v. AtkinsDistrict Court, D. Kansas · 1983
  4. Wilson v. JanklowDistrict Court, D. South Dakota · 1981

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