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ICE v. WEBER

Nos. 21992, 21996.

638 N.W.2d 557 (2002)

2002 SD 4

Duane Anthony ICE, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided January 2, 2002.

Attorney(s) appearing for the Case

Jeremiah J. Davis, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorney for petitioner and appellant.

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.

SABERS, Justice.

[¶ 1.] Duane Ice (Ice) appeals the denial of habeas corpus relief based on ineffective assistance of counsel. The habeas court held that counsel's performance was not deficient. We affirm.

FACTS

[¶ 2.] Ice, a Native American, was charged with aggravated assault stemming from an altercation with Scott Pooler (Pooler), a white male, on September 21, 1997. The altercation between the two men began as a fistfight and escalated...

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