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HURNEY v. CLASS

No. 19374.

551 N.W.2d 577 (1996)

1996 SD 86

John HURNEY, Petitioner and Appellant, v. Joseph P. CLASS, Warden of the South Dakota Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided July 2, 1996.

Attorney(s) appearing for the Case

Kent R. Cutler of Schieffer, Cutler & Donahoe, Sioux Falls, for petitioner and appellant.

Mark W. Barnett, Attorney General, Jennifer K. Trucano, Assistant Attorney General, Pierre, for appellee.

PER CURIAM.

[¶ 1] John Hurney (Hurney) appeals an order quashing his petition for a writ of habeas corpus. We affirm.

FACTS

[¶ 2] Hurney was indicted by a Minnehaha County grand jury for three counts of third degree rape and was also charged as an habitual offender. His jury trial took place on July 21 and 22, 1992. Hurney had attempted to obtain private counsel for his defense, but, was unable to raise the retainer. Accordingly, he was...

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