LEWIS v. CLASS

No. 19651.

565 N.W.2d 61 (1997)

1997 SD 67

Alvia O. LEWIS, Applicant and Appellant, v. Joe CLASS, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided June 4, 1997.


Attorney(s) appearing for the Case

Edward G. Albright, Office of Public Defender, Rapid City, for applicant and appellant.

Mark Barnett, Atty. Gen., Michele K. Bennett, Asst. Atty. Gen., Pierre, for appellee.


MOSES, Circuit Judge.

[¶ 1] This is an appeal from the circuit court's denial of writ of habeas corpus. Alvia O. Lewis (Lewis) contends that the South Dakota Board of Pardons and Paroles refusal to give him credit for the sixteen months that he was serving in the Colorado State Penitentiary was a violation of the constitutional prohibition against ex post facto laws. We affirm.

FACTS

[¶ 2] On September 27, 1985, Lewis was sentenced on charges...

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