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McCAFFERTY v. LEAPLEY

No. 90-5594.

944 F.2d 445 (1991)

Bruce McCAFFERTY, Appellant, v. Walter LEAPLEY, Warden, South Dakota State Penitentiary, and Roger Tellinghuisen, Attorney General of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1991.

Rehearing and Rehearing Denied October 22, 1991.

Attorney(s) appearing for the Case

Timothy M. Gebhart, Sioux Falls, S.D., for appellant.

Wade A. Hubbard, Pierre, S.D., for appellees.

Before ARNOLD and MAGILL, Circuit Judges, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied Oct. 22, 1991.

LARSON, Senior District Judge.

Defendant Bruce McCafferty appeals from the district court's1 dismissal of his petition for a writ of habeas corpus. McCafferty was convicted of knowingly engaging in sexual contact with a child under fifteen years of age, in violation of South Dakota Codified Laws § 22-22-7. The conviction stemmed...

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