CLOSS v. WEBER

No. Civ. 99-4124.

87 F.Supp.2d 921 (1999)

Randy Lee CLOSS, Petitioner, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent.

United States District Court, D. South Dakota, Southern Division.

December 23, 1999.


Attorney(s) appearing for the Case

Carolyn K. Dick, Sioux Falls, SD, for petitioner.

Douglas Weber, Sioux Falls, SD, respondent pro se.

Craig M. Eichstadt, Attorney General's Office, Pierre, SD, for respondent.


MEMORANDUM AND ORDER

PIERSOL, Chief Judge.

Petitioner Randy Lee Closs, a South Dakota inmate, petitions for habeas corpus relief under 28 U.S.C. § 2254. For the reasons stated below, the petition is granted.

I. Background and Procedural History

On April 12, 1984, when petitioner was twenty-one years old, a South Dakota jury convicted him of second-degree burglary and grand theft in one case and of third-degree burglary and petty theft...

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