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BRIM v. S.D. BD. OF PARDONS AND PAROLES

No. 19477.

563 N.W.2d 812 (1997)

1997 SD 48

Robert BRIM, Applicant and Appellant, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES, Appellee.

Supreme Court of South Dakota.

On Reassignment March 11, 1997.

Decided April 30, 1997.

Rehearing Denied June 6, 1997.

Attorney(s) appearing for the Case

John M. Wilka of Wilka, Haugen & Kirby, P.C., Sioux Falls, for applicant and appellant.

David O. Carter, Special Assistant Attorney General, Sioux Falls, for appellee.

GILBERTSON, Justice (on reassignment).

[¶ 1.] In 1958, Robert Brim was convicted of manslaughter in Stanley County and sentenced to life imprisonment. The original court file indicates that Brim shot Irene Stoesser, killing her and her unborn child. Stoesser and her husband employed Brim on their farm near Hayes, South Dakota. Although Irene's three-year-old daughter was also shot to death and a four-year-old son was injured in the same incident, Brim was only...

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