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ERICKSON v. WEBER

No. 24624.

748 N.W.2d 739 (2008)

2008 SD 30

Jason D. ERICKSON, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided April 16, 2008.

Attorney(s) appearing for the Case

Mark McBride, Beverly Hills, California, and Julia M. Dvorak and Reed Rasmussen of Siegel, Barnett and Schutz Aberdeen, South Dakota, Attorneys for petitioner and appellant.

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

GILBERTSON, Chief Justice.

[¶ 1.] On October 28, 2004, Jason Erickson (Erickson) filed a petition for writ of habeas corpus in the South Dakota Fifth Judicial Circuit alleging that the State failed to disclose evidence relevant to his sentencing. Erickson filed a supplemental petition on December 19, 2005. The habeas court heard the matter on May 26, 2006. Thereafter, the court denied Erickson's petition, filing its letter opinion on December 22, 2006, with findings...

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