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HAASE v. WEBER

No. 23190.

693 N.W.2d 668 (2005)

2005 SD 23

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

Supreme Court of South Dakota.

Decided February 16, 2005.

Rehearing Denied March 23, 2005.

Attorney(s) appearing for the Case

Steve Miller, Sioux Falls, South Dakota, Attorney for petitioner and appellant.

Lawrence E. Long, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.

MEIERHENRY, Justice.

[¶ 1.] Haase made his third application for a writ of habeas corpus concerning his 1988 conviction for kidnapping and rape. This application was dismissed by the trial court on procedural grounds. Haase appeals.

FACTS

[¶ 2.] Haase was convicted of kidnapping and rape in 1988. The conviction was affirmed by this Court on direct appeal. State v. Haase, 446 N.W.2d 62 (S.D.1989...

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