McCafferty v. Solem

MORGAN, Justice (on reassignment).

This appeal arises from a decision on the habeas corpus petition of Bruce McCafferty (McCafferty) challenging the constitutionality of his conviction for a sexual contact offense. This court affirmed that conviction on direct appeal. State v. McCafferty, 356 N.W.2d 159 (S.D.1984) (McCafferty I). From the determination of the court below (habeas court) that certain testimony should not have been admitted, State appeals. By notice of review McCaf-*591ferty appeals, claiming that the habeas court erred in its ruling on certain other procedural errors at trial. We…