LOOP v. SOLEM

No. 14968.

398 N.W.2d 140 (1986)

Gary Lynn LOOP, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Sioux Falls, South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided December 23, 1986.


Attorney(s) appearing for the Case

Cynthia A. Howard, Northern Hills Public Defender's Office, Deadwood, for petitioner and appellant.

Robert Mayer, Asst. Atty. Gen., Pierre, for respondent and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


MORGAN, Justice.

This is an appeal from an order quashing a writ of habeas corpus originally issued on the petition of Gary Loop (Loop) which alleged, among other things, an unconstitutional deprivation of effective assistance of appellate counsel. We reverse and remand.

On November 4, 1981, Loop was charged with the offense of sexual contact with a child under fifteen years of age. SDCL 22-22-7. Based upon three prior felony convictions, an habitual criminal...

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