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CHRISTENSEN v. WEBER

No. 24299.

740 N.W.2d 622 (2007)

2007 SD 102

David CHRISTENSEN, Petitioner and Appellant v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided October 10, 2007.

Attorney(s) appearing for the Case

Gregory T. Brewers of Strange, Farrell & Johnson, P.C., Sioux Falls, SD, for petitioner and appellant.

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, SD, for respondent and appellee.

MEIERHENRY, Justice.

[¶ 1.] This action involves David Christensen's writ of habeas corpus to this Court. Christensen's motion for a certificate of probable cause was untimely before the circuit court. The circuit court granted the motion and certified seven issues for appeal, despite the motion's untimeliness. Christensen then timely filed his notice of appeal to this Court. We dismiss for lack of jurisdiction.

FACTS AND PROCEDURE

[¶ 2...

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