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DAVI v. CLASS

No. 19844.

609 N.W.2d 107 (2000)

2000 SD 30

Scott DAVI, Petitioner and Appellant, v. Joseph CLASS, Warden, South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided March 1, 2000.

Attorney(s) appearing for the Case

Cynthia A. Howard, Public Advocate, Sioux Falls, for petitioner and appellant.

Mark Barnett, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, for appellee.

GORS, Circuit Judge.

[¶ 1.] Scott Davi is serving a life term for murder. He applied for a writ of habeas corpus alleging ineffective assistance of counsel. The habeas corpus court denied relief and Davi appealed. During the pendency of this appeal Davi requested additional DNA testing. We remanded to the habeas corpus court for further proceedings which are now complete. We affirm.

PROCEDURAL HISTORY

[¶ 2.] On November 2, 1990, Davi's...

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