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WILCOX v. LEAPLEY

No. 17603.

488 N.W.2d 654 (1992)

Daniel WILCOX, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided June 24, 1992.

Attorney(s) appearing for the Case

Rita Haverly Allen of Hagen, Wilka, Schreier & Archer, P.C., Sioux Falls, for petitioner and appellant.

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

MILLER, Chief Justice.

This is an appeal from the circuit court's order quashing Daniel Wilcox' writ of habeas corpus petition. We remand for resentencing.

FACTS

Wilcox was convicted of second-degree murder, first-degree manslaughter, and child abuse arising out of the death of 2½ year old Sheena Johnson. Sheena died from septic shock as a result of a ruptured duodenum, an organ which connects the stomach to the bowels. This court affirmed those...

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