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REUTTER v. MEIERHENRY

No. 15435.

405 N.W.2d 627 (1987)

Robert REUTTER, Petitioner and Appellant, v. Mark V. MEIERHENRY, Attorney General of the State of South Dakota, and Herman Solem, Warden of the South Dakota State Penitentiary, Appellees.

Supreme Court of South Dakota.

Decided May 6, 1987.

Attorney(s) appearing for the Case

Steve Miller of Cummings Legal Clinic, P.C., Sioux Falls, for petitioner and appellant.

Jon R. Erickson, Asst. Atty. Gen., Pierre, for appellees; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

DOBBERPUHL, Circuit Judge.

PRELIMINARY STATEMENT

Petitioner Robert Reutter appeals from an order granting summary judgment against him in this habeas corpus proceeding. Petitioner contends summary judgment is not applicable in habeas corpus cases, and that he should be given a full evidentiary hearing on the merits of the case. We affirm.

FACTS

Petitioner Reutter (Reutter) was convicted of two counts of aiding and abetting the distribution...

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