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SMITH v. WEBER

No. 22924.

701 N.W.2d 416 (2005)

2005 SD 85

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

Supreme Court of South Dakota.

Decided July 6, 2005.

Attorney(s) appearing for the Case

James A. Eirinberg, Sioux Falls, SD, for petitioner and appellant.

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, SD, for respondent and appellee.

WILBUR, Circuit Judge.

[¶ 1.] James E. Smith appeals the denial of habeas corpus relief in his second habeas corpus appeal. We affirm.

FACTS

[¶ 2.] The facts underlying this case are outlined in State v. Smith, 477 N.W.2d 27 (S.D.1991). On the morning of October 16, 1989, James Elmer Smith (Smith) and Paul T. Wood (Wood) set out to rob a bank in Fairview, South Dakota. They placed various weapons...

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