SPRIK v. CLASS

No. 19722.

572 N.W.2d 824 (1997)

1997 SD 134

Calvin Earle SPRIK, Petitioner and Appellant, v. Joe CLASS, acting in his capacity as the duly appointed Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided December 17, 1997.


Attorney(s) appearing for the Case

Kenneth R. Dewell of Viken, Viken, Pechota, Leach & Dewell, LLP, Rapid City, for petitioner and appellant.

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


RUSCH, Circuit Judge.

[¶ 1.] Calvin Earle Sprik (Sprik) appeals from the denial of his application for a writ of habeas corpus. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] At trial, Sprik was convicted of one count of third degree (statutory) rape. He was acquitted of two counts of third degree rape and three counts of second degree (forcible) rape. His conviction was affirmed on direct appeal...

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