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ASHKER v. CLASS

No. 18996.

534 N.W.2d 66 (1995)

Lewis E. ASHKER, Appellant/Petitioner, v. Joseph CLASS, Warden, South Dakota State Penitentiary, Appellee/Respondent.

Supreme Court of South Dakota.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Roberto A. Lange of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellant/petitioner.

Mark Barnett, Atty. Gen., John E. Haak, Asst. Atty. Gen., Pierre, for appellee/respondent.

SABERS, Justice.

After many legal proceedings, Ashker filed a second petition for habeas corpus in state court. The habeas court found Ashker did not show cause why he did not raise the Confrontation Clause issue on his first habeas petition and dismissed his petition. We affirm.

FACTS

Ashker was convicted of first degree murder of the death of Jerry Plihal in Delmont, South Dakota. Kurt Novaock, his accomplice, was also convicted of first degree...

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