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SIERS v. CLASS

No. 20302.

581 N.W.2d 491 (1998)

1998 SD 77

Anthony SIERS, Petitioner and Appellee, v. Joseph CLASS, Warden of the South Dakota State Penitentiary, Respondent and Appellant.

Supreme Court of South Dakota.

Decided July 8, 1998.

Attorney(s) appearing for the Case

Timothy J. Rensch, Rapid City, for petitioner and appellee.

Mark Barnett, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, for respondent and appellant.

GILBERTSON, Justice.

¶ The State of South Dakota (State) appeals the grant of Anthony Siers' (Siers) application for Writ of Habeas Corpus on the ground that he was denied effective assistance of counsel during his trial on one count of second degree rape. We reverse.

PROCEDURE

¶ On October 4, 1991, a Pennington County jury found Siers guilty of the second degree rape of S.B. during the...

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