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WABASHA v. LEAPLEY

Nos. 17696, 17753.

492 N.W.2d 610 (1992)

Elroy L. WABASHA, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided November 10, 1992.

Attorney(s) appearing for the Case

William Taylor and James Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, for petitioner and appellant.

Mark Barnett, Atty. Gen., Frank E. Geaghan, Asst. Atty. Gen., Pierre, for appellee.

DOBBERPUHL, Circuit Judge.

In this consolidated appeal Elroy Wabasha (Wabasha) appeals from the July 24, 1991, order of the circuit court denying his application for a writ of habeas corpus and the September 19, 1991, order of the circuit court denying his motion to reconsider the previous order and to grant leave to file an amended application for a writ of habeas corpus. On September 30, 1991, the circuit court issued a certificate of probable cause, pursuant to...

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