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DILLON v. WEBER

No. 23985.

737 N.W.2d 420 (2007)

2007 SD 81

Farrell DILLON, Petitioner and Appellant, v. Doug WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided August 1, 2007.

Attorney(s) appearing for the Case

Stephanie E. Pochop of Johnson Eklund Law Offices, Gregory, South Dakota, Attorneys for petitioner and appellant.

Lawrence E. Long, Attorney General, Sherri Sundem Wald and Meghan N. Dilges, Assistant Attorneys General, Pierre, South Dakota, Attorneys for respondent and appellee.

WILBUR, Circuit Judge.

[¶ 1.] Habeas corpus petitioner seeks relief based on ineffective assistance of trial counsel. The habeas court found no ineffective assistance. We reverse.

BACKGROUND

[¶ 2.] An overview of the factual and procedural history of this case is set forth in State v. Dillon, 2001 SD 97, 632 N.W.2d 37. Only the facts pertinent to the present habeas corpus action will be discussed...

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