LITSCHEWSKI v. DOOLEY

No. 15-1044.

792 F.3d 1012 (2015)

Richard LITSCHEWSKI, Petitioner-Appellee, v. Robert DOOLEY, Warden; Marty J. Jackley, Attorney General of the State of South Dakota, Respondents-Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing and Rehearing En Banc Denied August 12, 2015.


Attorney(s) appearing for the Case

Craig M. Eichstadt , AAG, argued, Pierre, SD, for Petitioner-Appellee.

Thomas J. Cogley , argued, Aberdeen, SD, for Respondents-Appellants.

Before RILEY, Chief Judge, MURPHY and MELLOY, Circuit Judges.


A jury found Richard Litschewski guilty of three child sex crimes in South Dakota state court, and separate judgments of conviction were entered for each offense. After Litschewski was sentenced to serve three consecutive terms of imprisonment, the state supreme court reversed the sentences because the trial court had not...

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