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HAYS v. WEBER

No. 21973.

645 N.W.2d 591 (2002)

2002 SD 59

Carl HAYS, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided May 15, 2002.

Attorney(s) appearing for the Case

Phillip O. Peterson, Clay County Public Defender, Beresford, South Dakota, Attorney for petitioner and appellant.

Mark Barnett, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Carl Hays (Hays) appeals the denial of habeas corpus relief based on ineffective assistance of counsel. The habeas court held that counsel's performance was not so deficient as to constitute ineffective assistance of counsel. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On May 27, 1996, CJ's Corner Bar, owned by Hays and his father, was destroyed by fire.1 Because there were indications...

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