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ENGESSER v. YOUNG

No. 27001.

856 N.W.2d 471 (2014)

2014 S.D. 81

Oakley Bernard ENGESSER, Petitioner and Appellee, v. Darin YOUNG, Warden, South Dakota State Penitentiary, Respondent and Appellant.

Supreme Court of South Dakota.

Decided November 12, 2014.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , Delia M. Druley of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota, and Michael J. Butler , Sioux Falls, South Dakota, Attorneys for petitioner and appellee.

Marty J. Jackley , Attorney General, Paul S. Swedlund , Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellant.

[¶ 1.] In this habeas proceeding, the circuit court ruled that the petitioner established clearly and convincingly that newly discovered evidence, if proven and viewed in light of all the other evidence, would establish that no reasonable juror would have convicted him. The court ordered a new trial, and the State appeals...

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