Legal Opinion

United States of America, Ex Rel. Ted Means v. Herman Solem, Warden, South Dakota State Penitentiary, Sioux Falls, South Dakota

Court of Appeals for the Eighth Circuit

Decided June 27, 1980No. 79-2017PublishedCited by 47 opinions

1Opinion of the Court

ROSS, Circuit Judge.

Ted Means was convicted of riot to obstruct justice in violation of SDCL section 22-10 — 4 1 and sentenced to thirty months imprisonment. The Supreme Court of South Dakota affirmed the conviction. State v. Means, S.D., 276 N.W.2d 699 (1979).

Means thereafter filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition Means contended, inter alia, that the trial court’s refusal to instruct on his theories of self-defense, defense of others, and ignorance or mistake of fact was a denial of due process, right to a trial by jury, and the right to…

2Cases cited16 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Hill v. United StatesSupreme Court of the United States · 1962
  3. Kentucky v. WhortonSupreme Court of the United States · 1979
  4. United States v. Richard J. RabbittCourt of Appeals for the Eighth Circuit · 1978
  5. State v. Bad Heart BullSouth Dakota Supreme Court · 1977

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

3Cited by47 opinions

  1. United States v. Darrell Chip Wadena, United States of America v. Jerry Joseph Rawley, Jr., United States of America v. Rick ClarkCourt of Appeals for the Eighth Circuit · 1998
  2. Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2001
  3. United States v. Mark PrieskornCourt of Appeals for the Eighth Circuit · 1981
  4. Reginald Jackson v. Ernest Edwards, Superintendent of Otisville Correctional FacilityCourt of Appeals for the Second Circuit · 2005
  5. Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTASouth Dakota Supreme Court · 1998

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

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