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SWEENEY v. LEAPLEY

No. 17475.

487 N.W.2d 617 (1992)

John H. SWEENEY, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided July 22, 1992.

Attorney(s) appearing for the Case

Gregg S. Greenfield of Boyce, Murphy McDowell & Greenfield, Sioux Falls, for petitioner and appellant.

Mark Barnett, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, for appellee.

MARTIN, Circuit Judge.

John H. Sweeney (Sweeney) appeals from an order denying his application for a writ of habeas corpus. We reverse and remand.

On November 12, 1981, Sweeney was involved in an incident at the home of Eugene Rufener near Sioux Falls, South Dakota. On November 18, 1981, Sweeney was indicted by a grand jury on charges of first degree burglary, kidnapping, two aggravated assaults, and commission of a felony while armed with a firearm. The state...

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