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STATE v. MULLIGAN

No. 23549.

696 N.W.2d 167 (2005)

2005 SD 50

STATE of South Dakota, Plaintiff and Respondent, v. Nicole Marie MULLIGAN, Defendant and Petitioner.

Supreme Court of South Dakota.

Decided April 20, 2005.

Attorney(s) appearing for the Case

Mark W. McNeary, Walworth Co. Special Prosecutor, Richard L. Russman, Walworth Co. Special Prosecutor, Aberdeen, SD, for plaintiff and respondent.

Melissa E. Neville and Richard A. Sommers of Bantz, Gosch & Cremer, Aberdeen, SD, for defendant and petitioner.

PER CURIAM.

[¶ 1.] Nicole Marie Mulligan filed an untimely petition for intermediate appeal along with a motion to excuse default filing. Because we conclude that the time limit provided in SDCL 15-26A-13 is jurisdictional, and thus cannot be excused, we dismiss the petition.

FACTS

[¶ 2.] On December 30, 2003, Mulligan was indicted on alternative counts of first degree murder and first degree manslaughter. Mulligan filed a motion in the...

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