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STARK v. WEBER

No. 27500.

879 N.W.2d 103 (2016)

2016 S.D. 38

Jacob J. STARK, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided April 27, 2016.

Attorney(s) appearing for the Case

Cheri Scharffenberg of Waltner, Kolbeck & Scharffenberg, LLP Tea, 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.

[¶ 1.] Jacob Stark pleaded guilty to aggravated assault against a law enforcement officer in August 2009 and was sentenced to 22 years in prison. He did not appeal the sentence directly. In July 2012, Stark filed a petition for writ of habeas corpus arguing he received ineffective assistance of counsel at trial and that his...

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