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GRAHAM v. WEBER

No. CIV 13-4100.

JOHN GRAHAM, Petitioner, v. DOUG WEBER, Respondent.

United States District Court, D. South Dakota, Southern Division.

March 5, 2014.

MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS

LAWRENCE L. PIERSOL, District Judge.

Respondent Doug Weber has moved to dismiss John Graham's (Graham) petition for writ of habeas corpus which was filed under 28 U.S.C. § 2254. Graham opposes the motion. For the following reasons, the motion to dismiss will be denied.

BACKGROUND

On January 26, 2011, a jury convicted Graham of felony murder of Annie Mae Aquash in violation of SDCL...

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