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FREEMAN v. CLASS

No. 95-4196.

95 F.3d 639 (1996)

Benjamin Franklin FREEMAN, Petitioner-Appellee, v. Joseph CLASS, Warden, South Dakota State Penitentiary; Mark W. Barnett, Attorney General for the State of South Dakota, Respondents-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1996.

Attorney(s) appearing for the Case

Jeffrey P. Hallem, Pierre, SD, argued, for appellant.

Jack Gunvordahl, Burke, SD, argued, for appellee.

Before FAGG, LAY, and HEANEY, Circuit Judges.

LAY, Circuit Judge.

Benjamin Franklin Freeman was convicted of grand theft by a jury in state court. He brought a petition for a writ of habeas corpus in state court claiming ineffective assistance of counsel. The petition was denied, and on appeal, the South Dakota Supreme Court found that although counsel was deficient, Freeman was not deprived of a fair trial. Freeman v. Leapley, 519 N.W.2d 615, 619 (S.D.1994) (three-to...

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