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McBRIDE v. WEBER

No. 24865.

763 N.W.2d 527 (2009)

2009 SD 14

Cornell Joel McBRIDE, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided March 11, 2009.

Attorney(s) appearing for the Case

Steve Miller, Sioux Falls, South Dakota, Attorney for petitioner and appellant.

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

SABERS, Justice.

[¶ 1.] Cornell McBride appeals the denial of habeas relief contending he received ineffective assistance of counsel based on counsel's failure to consult with him concerning the possibility of a direct appeal following his guilty plea to aggravated assault. We reverse and remand.

FACTS

[¶ 2.] McBride engaged in a pattern of domestic violence against his girlfriend. This culminated in a vicious beating and stabbing that...

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