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GREGORY v. CLASS

No. 20182.

584 N.W.2d 873 (1998)

1998 SD 106

Garland Ray GREGORY, Jr., Applicant and Appellant, v. Joseph CLASS, Warden of the South Dakota State Penitentiary, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 9, 1998.

Attorney(s) appearing for the Case

Lester Nies of Richards, Hood & Nies. P.C., Spearfish, for applicant and appellant.

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we must decide if the common law writ of coram nobis is available to review issues which were examined or could have been examined in a petitioner's earlier post-conviction proceedings. After state and federal habeas applications had been resolved against him, petitioner sought a writ of error coram nobis. Largely, he alleged the same arguments that had either been adjudicated...

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