Sweeney v. Leapley

MARTIN, Circuit Judge.

John H. Sweeney (Sweeney) appeals from an order denying his application for a writ of habeas corpus. We reverse and remand.

On November 12, 1981, Sweeney was involved in an incident at the home of Eugene Rufener near Sioux Falls, South Dakota. On November 18, 1981, Sweeney was indicted by a grand jury on charges of first degree burglary, kidnapping, two aggravated assaults, and commission of a felony while armed with a firearm. The state also filed an habitual offender information. On November 23, 1981, Sweeney was arraigned; however, no transcript is available. Sweeney…