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JENNER v. DOOLEY

No. 20428.

590 N.W.2d 463 (1999)

1999 SD 20

Debra JENNER, Applicant and Appellant, v. Robert DOOLEY, Warden, Springfield State Prison, Appellee.

Supreme Court of South Dakota.

Decided February 10, 1999.

Attorney(s) appearing for the Case

David M. Hosmer, Yankton, South Dakota, for appellant.

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, South Dakota, for appellee.

KONENKAMP, J.

[¶ 1.] Without an evidentiary hearing, the circuit court dismissed the habeas corpus applicant's claims for undue delay in filing and for failure to state a claim upon which relief can be granted. We conclude the court erred in dismissing the application as untimely, but we affirm the dismissal because the application nonetheless failed to state a legally sufficient claim for relief.

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