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LIEN v. CLASS

No. 19953.

574 N.W.2d 601 (1998)

1998 SD 7

Garrett Larry LIEN, Applicant and Appellant, v. Joseph CLASS, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided January 14, 1998.

Rehearing Denied February 12, 1998.

Attorney(s) appearing for the Case

Rita Allen of Hagen, Wilka & Archer, Sioux Falls, for applicant and appellant.

Mark Barnett, Attorney General, Timothy Bartlett, Assistant Attorney General, Pierre, for appellee.

GILBERTSON, Justice.

[¶ 1.] Applicant and appellant, Garrett Larry Lien (Lien), alleges his prior guilty plea was entered involuntarily as a result of his defense counsel's alleged ineffective assistance in failing to properly investigate a motor vehicle accident and in failing to retain an accident reconstruction expert. Lien also contends that the prosecution failed to disclose exculpatory evidence thus denying him due process of law. Lien appeals from an order...

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