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JACKSON v. WEBER

No. 21364.

637 N.W.2d 19 (2001)

2001 SD 30

2001 SD 136

Kelly Lynn JACKSON, Applicant and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Reassigned January 17, 2001.

Decided March 7, 2001.

Considered on Briefs on Rehearing October 2, 2001.

Rehearing Decided November 14, 2001.

Rehearing Denied January 9, 2002.

Attorney(s) appearing for the Case

Steven R. Binger, Binger Law Office, Sioux Falls, for applicant and appellant.

Mark Barnett, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, for appellee.

SABERS, Justice (reassignment on rehearing).

¶ 1 The facts underlying this habeas corpus proceeding are set forth in Jackson v. Weber, # 21364, 2001 SD 30, 623 N.W.2d 71 (2001). The state filed a petition for rehearing which was granted on April 18, 2001.

¶ 2 Upon rehearing and rebriefing by the parties, we determine that the second habeas court held a hearing and determined against ineffective assistance of counsel in the first habeas, and...

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