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LEE v. WEBER

#29744.

996 N.W.2d 905 (2023)

2023 S.D. 54

David LEE, Petitioner and Appellee, v. Doug WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellant.

Supreme Court of South Dakota.

OPINION FILED October 18, 2023.

Attorney(s) appearing for the Case

MARTY J. JACKLEY , Attorney General, JOHN M. STROHMAN , Assistant Attorney General Pierre, South Dakota, Attorneys for respondent and appellant.

LISA M. PROSTROLLO of Redstone Law Firm LLP, Sioux Falls, South Dakota, Attorneys for petitioner and appellee.

[¶1.] David Lee filed a second petition for a writ of habeas corpus in 2004, alleging ineffective assistance of his habeas counsel for failing to seek a certificate of probable cause in his first habeas corpus proceeding. Lee did not serve the State with the provisional writ until 2019. The State filed a motion to dismiss, which...

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