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CAFFREY v. SOLEM

No. 15305.

400 N.W.2d 281 (1987)

Timothy Sean CAFFREY, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided February 4, 1987.

Attorney(s) appearing for the Case

Richard Braithwaite of Braithwaite Law Offices, Sioux Falls, for petitioner and appellant.

Grant Gormley, Chief Deputy Atty. Gen., Pierre, for appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Mark A. Moreno of Schmidt, Schroyer, Colwill, Zinter & Barnett, P.C., Pierre, for amicus curiae, South Dakota State's Atty. Ass'n.

MORGAN, Justice.

Timothy Sean Caffrey (Caffrey) appeals from an order denying his application for a writ of habeas corpus. We affirm.

On November 2, 1981, a Bennett County jury found Caffrey guilty of first-degree murder. He was sentenced to life imprisonment. On December 9, 1981, Caffrey's court-appointed attorney, Stanley Whiting (Whiting) perfected an appeal to the Supreme Court. Two months later, Whiting was appointed state's attorney for Todd County,...

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