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ENGESSER v. DOOLEY

No. Civ. 10-5039-KES.

823 F.Supp.2d 910 (2011)

Oakley Bernard ENGESSER, Petitioner, v. Robert DOOLEY, Warden, Yankton Minimum Unit, Respondent.

United States District Court, D. South Dakota, Western Division.

September 30, 2011.

Attorney(s) appearing for the Case

Michael J. Butler , Sioux Falls, SD, for Petitioner.

Sherri Sundem Wald , Attorney General of South Dakota, Pierre, SD, for Respondent.

MEMORANDUM OPINION AND ORDER GRANTING WRIT OF HABEAS CORPUS

KAREN E. SCHREIER, Chief Judge.

Petitioner, Oakley Bernard Engesser, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This case is both factually and procedurally rare. Here, a South Dakota circuit court found that Engesser's trial counsel was constitutionally ineffective for failing to interview and call to testify eyewitnesses Eric Eckholm and Charlotte Fowler. But the...

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