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WEDDELL v. WEBER

No. CIV. 00-4087.

290 F.Supp.2d 1011 (2003)

James WEDDELL, Petitioner, v. Douglas WEBER, Warden, South Dakota State Penitentiary; and Mark Barnett, Attorney General, State of South Dakota; Respondents.

United States District Court, D. South Dakota, Southern Division.

September 29, 2003.

Attorney(s) appearing for the Case

Terry L. Pechota, Pechota, Leach & Dewell, Rapid City, for Plaintiff.

Craig M. Eichstadt, Mark W. Barnett, Attorney General's Office, Pierre, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

The petitioner, James Weddell, who is currently an inmate at the South Dakota State Penitentiary, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, the petition is granted on two of Weddell's five claims.

BACKGROUND

James Weddell was convicted of first-degree manslaughter...

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