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McCAFFERTY v. SOLEM

Nos. 16121, 16137.

449 N.W.2d 590 (1989)

Bruce McCAFFERTY, Petitioner and Appellee, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Respondent and Appellant.

Supreme Court of South Dakota.

Reassigned July 26, 1989.

Decided December 13, 1989.

Rehearing Denied January 3, 1990.

Attorney(s) appearing for the Case

Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for petitioner and appellee.

Mark L. Bratt, Asst. Atty. Gen., Pierre, for respondent and appellant; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

MORGAN, Justice (on reassignment).

This appeal arises from a decision on the habeas corpus petition of Bruce McCafferty (McCafferty) challenging the constitutionality of his conviction for a sexual contact offense. This court affirmed that conviction on direct appeal. State v. McCafferty, 356 N.W.2d 159 (S.D.1984) (McCafferty I). From the determination of the court below (habeas court) that certain testimony should...

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