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SUND v. WEBER

No. 20382.

588 N.W.2d 223 (1998)

1998 SD 123

Dennis R. SUND, Applicant and Appellant, v. Doug WEBER, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Rod Woodruff, Belle Fourche, for applicant and appellant.

Mark Barnett, Atty. Gen., Timothy Bartlett, Asst. Atty. Gen., Pierre, for appellee.

SABERS, Justice.

[¶ 1.] Dennis Sund appeals the denial of habeas corpus relief based on ineffective assistance of counsel. The habeas court found counsel's performance deficient, but that no prejudice was shown. We reverse and remand for a new trial.

FACTS

[¶ 2.] On August 24, 1995, Gary and Laurie Bedford (Bedford) contacted Dennis Sund about repairing their roof. On September 7, Bedford paid Sund $1,473.76 as advance payment for materials...

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