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BOYLES v. WEBER

No. 22743.

677 N.W.2d 531 (2004)

2004 SD 31

Jason BOYLES, Petitioner and Appellant, v. Douglas WEBER, Warden South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided March 3, 2004.

Attorney(s) appearing for the Case

Bruce Ellison, Rapid City, for petitioner and appellant.

Lawrence E. Long, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, for respondent and appellee.

SABERS, Justice.

[¶ 1.] Petitioner Jason Boyles appeals from findings of fact, conclusions of law and order issued by the habeas court denying his application for writ of habeas corpus. Boyles argues 1) the habeas court erred in denying his motion for a new trial based on newly discovered evidence; and 2) his trial and appellate counsel were ineffective.

FACTS

[¶ 2.] After two trials, the first of which ended with a hung jury, Boyles was...

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