SIERS v. WEBER

No. 00-3124.

259 F.3d 969 (2001)

Anthony Siers, Appellee, v. Douglas Weber, Warden of the South Dakota State Penitentiary; Mark W. Barnett, South Dakota Attorney General, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2001.


Attorney(s) appearing for the Case

Sherri S. Wald, argued, Pierre, SD, for appellants.

Timothy J. Rensch, argued, Rapid City, SD, for appellee.

Before WOLLMAN, Chief Judge, HANSEN, and BYE, Circuit Judges.


WOLLMAN, Chief Judge.

The state of South Dakota appeals from the district court's grant of Anthony Siers's petition for writ of habeas corpus. We reverse and remand with directions to dismiss the petition.

I.

On October 4, 1991, a Pennington County, South Dakota, jury found Siers guilty of second degree rape. As a habitual offender, Siers was sentenced to fifteen years in the South Dakota State Penitentiary. In 1994, after the South Dakota Supreme...

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