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DAVIS v. WEBER

No. 26483.

841 N.W.2d 244 (2013)

2013 S.D. 88

Michael Todd DAVIS, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided December 11, 2013.

Attorney(s) appearing for the Case

Kenneth M. Tschetter , Nicholson, Tschetter, Adams & Nicholson, Sioux Falls, South Dakota, Attorneys for petitioner and appellant.

Marty J. Jackley , Attorney General, Kelly Marnette , Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.

WILBUR, Justice.

[¶ 1.] Michael Davis filed a petition for habeas relief more than seven and one half years after his conviction for possession of an unauthorized article by an inmate. The habeas court found that Davis had failed to rebut the presumption of prejudice to the State caused by Davis's failure to file his petition for habeas relief within five years pursuant to SDCL 21-27-3.2. We affirm.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2...

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