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PRIMEAUX v. DOOLEY

No. 24516.

747 N.W.2d 137 (2008)

2008 SD 22

Roscoe PRIMEAUX, Petitioner and Appellant, v. Bob DOOLEY, Warden, Mike Durfee State Prison, Springfield, South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Considered on Briefs February 11, 2008.

Attorney(s) appearing for the Case

Keith Goehring, Parkston, South Dakota, Attorney for petitioner and appellant.

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

KONENKAMP, Justice.

[¶ 1.] Petitioner was convicted by a jury in 1981 of second degree murder and two counts of aggravated assault. Over the next two decades, he filed several requests for writs of habeas corpus in both state and federal court. In this appeal on his second habeas petition in state court, petitioner argues that he was denied his constitutional right to have a jury composed of a fair cross section of the community. The habeas court denied petitioner...

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