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WAYRYNEN v. CLASS

No. 20378.

586 N.W.2d 499 (1998)

1998 SD 111

Kathleen WAYRYNEN, Applicant and Appellee, v. Joe CLASS, Warden of the South Dakota Penitentiary, Appellant.

Supreme Court of South Dakota.

Decided November 10, 1998.

Attorney(s) appearing for the Case

Jack Der Hagopian, Sioux Falls, for applicant and appellee.

Mark Barnett, Attorney General, Michele K. Bennett, Assistant Attorney General, Pierre, for appellant.

SABERS, Justice.

[¶ 1.] The State appeals a grant of habeas corpus relief to Kathleen Wayrynen based on ineffective assistance of counsel and violation of the protection against cruel and unusual punishment. We affirm the granting of habeas relief based on ineffective assistance of counsel only.

FACTS

[¶ 2.] On August 2, 1991, Kathleen Wayrynen, accompanied by her foster father, Pastor Raymond...

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