THOMPSON v. WEBER

No. 26345.

841 N.W.2d 3 (2013)

2013 S.D. 87

Robert Lee THOMPSON, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, or his Successor in Office, Respondent and Appellee.

Supreme Court of South Dakota.

Decided December 4, 2013.


Attorney(s) appearing for the Case

Margaret V. Gillespie of Gubbrud, Haugland & Gillespie, LLC, Alcester, South Dakota, Attorneys for petitioner and appellant.

Marty J. Jackley , Attorney General, Ann C. Meyer , Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.


KONENKAMP, Justice.

[¶ 1.] Petitioner, Robert Lee Thompson, was convicted by a jury in 1995 of child rape, sexual contact, disseminating harmful material to minors, and indecent exposure. In the same trial, he was acquitted of raping two other children. Ten years later, in his second habeas corpus proceeding, the counseling records for the child he was convicted of raping were first disclosed. Thompson argued that he was prejudiced by the State's suppression...

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