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ASHLEY v. YOUNG

No. 27085.

854 N.W.2d 347 (2014)

2014 S.D. 66

Frank ASHLEY, Petitioner, v. Darin YOUNG, Warden of the South Dakota State Penitentiary, Respondent.

Supreme Court of South Dakota.

Decided September 17, 2014.

Attorney(s) appearing for the Case

John R. Murphy , Murphy Law Office, PC, Rapid City, South Dakota, Attorneys for petitioner.

Marty J. Jackley , Attorney General, Pierre, South Dakota, Mark A. Vargo , Pennington County State's Attorney, Patrick M. Grode , Pennington County Deputy State's Attorney, Rapid City, South Dakota, Attorneys for respondent.

ZINTER, Justice.

[¶ 1.] Frank Ashley moved this Court for a certificate of probable cause (CPC) to appeal the circuit court's denial of his petition for habeas corpus. In denying the motion, we clarify the standard of review and showing necessary for applicants to obtain CPCs from this Court.

Facts and Procedural History

[¶ 2.] In 2009, Frank Ashley was found guilty of three counts of third-degree rape of a victim less than sixteen years...

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