Legal Opinion
Berry v. Fluke
District Court, D. South Dakota
Decided January 7, 2022No. 4:19-cv-04188Unknown
1Opinion
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION KEVIN BERRY, 4:19-CV-04188-RAL Plaintiff, OPINION AND ORDER GRANTING Vs. MOTION FOR SUMMARY JUDGMENT BRENT FLUKE, ATTORNEY GENERAL FOR THE STATE OF SOUTH DAKOTA, Defendants. Petitioner Kevin Berry filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. Doc. 1. This Court previously ruled that Berry had exhausted his claim that his Alford plea to a sex crime lacked a sufficient factual basis, but that Berry had procedurally defaulted on the other claims in his petition. Doc. 7. Respondents Brent Fluke…
2Cases cited37 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Slack v. McDanielSupreme Court of the United States · 2000
- Williams v. TaylorSupreme Court of the United States · 2000
- Harrington v. RichterSupreme Court of the United States · 2011
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