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ANDERSON v. STATE

No. 14613.

373 N.W.2d 438 (1985)

Donald L. ANDERSON, Applicant and Appellant, v. STATE of South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided August 21, 1985.

Attorney(s) appearing for the Case

Robert W. Swank of Hanson, Stiles, Anderson & Swank, Mitchell, for applicant and appellant.

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for respondent and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

MORGAN, Justice.

Appellant Donald L. Anderson (Anderson) was convicted of forgery under SDCL 22-39-36. His attorney failed to perfect a timely appeal. Anderson then applied for a writ of habeas corpus and a peremptory writ was issued. After a hearing on the matter, the trial court quashed the writ of habeas corpus and dismissed an amended application for writ of habeas corpus. The trial court issued a certificate of probable cause and Anderson served and filed his...

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