ENGESSER v. DOOLEY

No. 05-2905.

457 F.3d 731 (2006)

Oakley Bernard ENGESSER, Appellant, v. Bob DOOLEY, Warden, Mike Durfee State Prison; Larry Long, Attorney General of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2006.


Attorney(s) appearing for the Case

Heather Lammers Bogard, argued, Rapid City, SD, for appellant.

Sherri Sundem Wald, argued, Assistant Attorney General, Pierre, SD, for appellee.

Before RILEY, BRIGHT, and SMITH, Circuit Judges.


RILEY, Circuit Judge.

This is a habeas corpus case. See Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254. After a jury convicted Oakley Bernard Engesser (Engesser) on August 30, 2001, of one count of vehicular homicide and two counts of vehicular battery, a South Dakota state court sentenced Engesser to fifteen years' imprisonment on the homicide charge, and ten years' imprisonment on the battery charges, with one ten-year sentence...

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