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PRIMEAUX v. LEAPLEY

No. 17889.

502 N.W.2d 265 (1993)

Roscoe PRIMEAUX, Petitioner and Appellant. v. Walter LEAPLEY, Warden, South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided June 23, 1993.

Attorney(s) appearing for the Case

Lee A. Tappe, Platte, for petitioner and appellant.

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

WUEST, Justice.

Primeaux was convicted of second-degree murder and two counts of aggravated assault. His convictions were affirmed by this court in State v. Primeaux, 328 N.W.2d 256 (S.D.1982).

Primeaux then filed this writ of habeas corpus in circuit court. He claims his trial counsel was ineffective by failing to insist the expert witness test Primeaux more thoroughly, by failing to obtain an opinion from a second...

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