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SPANIOL v. YOUNG

#29634.

981 N.W.2d 396 (2022)

2022 S.D. 61

Joshua SPANIOL, Petitioner and Appellant, v. Darin YOUNG, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

OPINION FILED October 19, 2022.

Attorney(s) appearing for the Case

JOHN R. HINRICHS of Heidepriem, Purtell, Siegel & Hinrichs, LLP, Sioux Falls, South Dakota, Attorneys for petitioner and appellant.

MARK VARGO , Attorney General, CHELSEA WENZEL , Assistant Attorney General Pierre, South Dakota, Attorneys for respondent and appellee.

[¶1.] Joshua Spaniol was convicted of raping and having sexual contact with his four-year-old autistic daughter. Spaniol appealed his conviction, which was affirmed. Thereafter, he filed a petition for habeas corpus alleging that his trial counsel was ineffective by failing to retain an expert witness, object to certain exhibits...

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