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IRON SHELL v. LEAPLEY

No. 18019.

503 N.W.2d 868 (1993)

Carl IRON SHELL, Jr., Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided August 11, 1993.

Attorney(s) appearing for the Case

John A. Schlimgen of Stuart and Gerry, Sioux Falls, for petitioner and appellant.

Mark Barnett, Atty. Gen., Ann C. Meyer, Asst. Atty. Gen., Pierre, for appellee.

AMUNDSON, Justice.

Carl Iron Shell, Jr. appeals from the circuit court's denial of his application for writ of habeas corpus. We reverse.

FACTS

Carl Iron Shell, Jr. (Iron Shell) was convicted for the murder of his wife, Theresa Iron Shell (Theresa). The underlying facts of the case are thoroughly presented in Iron Shell's direct appeal, State v. Iron Shell, 336 N.W.2d 372 (S.D.1983). We recount only the...

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