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STEINER v. WEBER

No. 26019.

815 N.W.2d 549 (2012)

2011 S.D. 40

Kyle STEINER, Appellant, v. Doug WEBER, acting in his capacity as the warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided May 23, 2012.

Attorney(s) appearing for the Case

John R. Murphy , Rapid City, South Dakota, Attorney for appellant.

Marty J. Jackley , Attorney General, Frank Geaghan , Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee.

SEVERSON, Justice.

[¶ 1.] Kyle Steiner appeals the circuit court's dismissal of his application for a writ of habeas corpus, arguing that the court erred in dismissing the writ and in ruling on the merits of the writ without first conducting an evidentiary hearing. Because Steiner has alleged facts which, if proven to be true, would entitle him to relief, we reverse dismissal of the writ.

Facts and Procedural Background

[¶ 2.] On July 23...

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