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HOFMAN v. WEBER

No. 21928.

639 N.W.2d 523 (2002)

2002 SD 11

Marlo D. HOFMAN, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided January 23, 2002.

Attorney(s) appearing for the Case

Michael B. Thompson, Sioux Falls, South Dakota, for petitioner and appellant.

Mark Barnett, Attorney General, Sherri Sundem Wald, Pierre, South Dakota, for respondent and appellee.

AMUNDSON, Justice.

¶ Marlo Hofman (Hofman) petitioned for writ of habeas corpus. The habeas court denied his petition. We reverse and remand.

FACTS

¶ Hofman was convicted of first degree murder at a jury trial and received a life sentence. Hofman appealed his conviction directly to this Court, which affirmed. State v. Hofman, 1997 SD 51, 562 N.W.2d 898. Hofman then filed a petition for writ of habeas...

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