BOSTICK v. WEBER

No. 23243.

692 N.W.2d 517 (2005)

2005 SD 12

Fred Alfred BOSTICK, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided January 19, 2005.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, SD, for petitioner and appellant.

Steve Miller, Sioux Falls, SD, for respondent and appellee.


GILBERTSON, Chief Justice.

[¶ 1.] Petitioner Fred A. Bostick filed a habeas corpus petition alleging ineffective assistance of counsel at his original trial in 1997. After a certificate of probable cause had been issued but before the habeas hearing was held, the Petitioner was paroled from the state penitentiary. The circuit court held Bostick's parole mooted his right to seek habeas relief in the courts of South Dakota. Bostick appealed contending the conditions...

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