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FREEMAN v. CLASS

No. CIV 95-3013.

911 F.Supp. 402 (1995)

Benjamin Franklin FREEMAN, Petitioner, v. Joseph CLASS, Warden, South Dakota State Penitentiary, and Mark A. Barnett, Attorney General, State of South Dakota, Respondent.

United States District Court, D. South Dakota, Central Division.

November 28, 1995.

Attorney(s) appearing for the Case

Jack Gunvordahl, Burke, South Dakota, for petitioner.

Mark Barnett, Attorney General and Scott Bogue, Asst. Atty. Gen., Pierre, South Dakota, for respondent.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

This comes before the Court on a petition for writ of habeas corpus under 28 U.S.C. § 2254. The claim is ineffective assistance of counsel. Petitioner has exhausted the remedies available in the state courts and this Court, therefore, has jurisdiction. 28 U.S.C. § 2254(b).

The South Dakota Supreme Court found that trial counsel's representation was deficient but did not believe the...

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