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STUMES v. DELANO

No. 18004.

508 N.W.2d 366 (1993)

Norman STUMES, Applicant and Appellant, v. Lynn DELANO, Acting Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Julie Irvine, Minnehaha County Public Defender, Sioux Falls, for applicant and appellant.

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, David O. Carter, Sp. Asst. Atty. Gen., Sioux Falls, for respondent and appellee.

BERNDT, Circuit Judge.

FACTS

On March 23, 1974, Norman Stumes (Stumes) was adjudicated guilty by a jury of first degree manslaughter in the September 17, 1973, strangulation death of Joyce Hoff (Hoff). On March 27, 1974, Stumes was sentenced to life in prison.

Stumes' procedural history can be seen in State v. Stumes, 241 N.W.2d 587 (S.D.1976); Stumes v. Solem, 511 F.Supp. 1312<...

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