PIPER v. WEBER

No. 24868.

771 N.W.2d 352 (2009)

2009 SD 66

Briley PIPER, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided July 29, 2009.


Attorney(s) appearing for the Case

Steve Miller, Steven R. Binger of Binger Law Office, Sioux Falls, South Dakota, Attorneys for petitioner and appellant.

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


MEIERHENRY, Justice.

[¶ 1.] Briley Piper appeals the circuit court's denial of his writ of habeas corpus. He contends that he did not validly waive his right to have a jury determine whether to impose the death penalty and that his appellate counsel provided ineffective assistance of counsel in his direct appeal.

BACKGROUND

[¶ 2.] The facts of this case are available in their entirety in this Court's opinion affirming Piper's conviction...

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