GUTHMILLER v. WEBER

No. 25617.

804 N.W.2d 400 (2011)

2011 S.D. 62

Dale GUTHMILLER, Petitioner and Appellee, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellant.

Supreme Court of South Dakota.

Decided September 21, 2011.


Attorney(s) appearing for the Case

Arnold D. Laubach, Jr. , Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for petitioner and appellee.

Marty J. Jackley , Attorney General, Frank Geaghan , Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellant.


KONENKAMP, Justice.

[¶ 1.] Petitioner was convicted of criminal pedophilia and sentenced to life in prison. After this Court affirmed his conviction on direct appeal, he petitioned the circuit court for a writ of habeas corpus. Petitioner alleged, among other things, that the trial judge made improper comments during the trial, violating his constitutional right to a fair trial. In its first decision, the habeas court agreed that the comments were inappropriate...

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