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GARRITSEN v. LEAPLEY

No. 18787.

541 N.W.2d 89 (1995)

David W. GARRITSEN, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided December 20, 1995.

Attorney(s) appearing for the Case

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

Mark Barnett, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, for appellee.

SABERS, Justice.

Garritsen appeals the denial of his application for writ of habeas corpus. The trial court denied the application as untimely and on the merits. Garritsen appeals. We reverse on timeliness but affirm on the merits.

FACTS

In February 1980, Garritsen was found guilty by a jury of two counts of first degree rape and as a habitual offender. He was sentenced to life imprisonment. He appealed...

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