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ASHKER v. SOLEM

No. 16675.

457 N.W.2d 473 (1990)

Lewis E. ASHKER, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided June 13, 1990.

Attorney(s) appearing for the Case

John E. Haak, Asst. Atty. Gen., Pierre, for respondent and appellee; Roger A. Tellinghuisen, Atty. Gen., on brief.

Michael J. Butler, Sioux Falls, for petitioner and appellant.

PROCEDURAL HISTORY/ISSUES

HENDERSON, Justice

On June 13, 1985, Jerry Plihal (Plihal) was murdered. The Douglas County Grand Jury returned indictments against Lewis E. Ashker (Ashker) and Kurt Novaock (Novaock). They were both arrested in Nebraska. Novaock fought extradition, so the State severed the trials and proceeded first with the charges against Ashker. On June 10, 1986, the jury returned a verdict of guilty on Count I, Murder in the First Degree with...

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