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STATE v. PHIPPS

No. 15349.

406 N.W.2d 146 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Richard Duane PHIPPS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 20, 1987.

Attorney(s) appearing for the Case

Thomas H. Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Peter Gregory of Gregory Law Office, Sioux Falls, for defendant and appellant.

GILBERTSON, Circuit Judge.

PRELIMINARY STATEMENT

Appellant Richard Duane Phipps was convicted of two counts of sexual contact with a minor in Davison County Circuit Court in 1981. We affirmed on direct appeal. State v. Phipps, 318 N.W.2d 128 (S.D.1982). This appeal centers on jurisdictional issues surrounding Phipps' quest for post-conviction relief.

PROCEDURAL HISTORY

During the 1981 trial, the...

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