Legal Opinion
Application of Novaock
South Dakota Supreme Court
Decided January 7, 1998No. NonePublishedCited by 11 opinions
1Opinion of the Court
SABERS, Justice.
[¶ 1] Kurt Novaoek appeals dismissal of his second petition for writ of habeas corpus and alternative writ of error coram nobis. We affirm.
FACTS
[¶ 2] Novaoek and Lewis Ashker were indicted' for the June 1985 murder of Jerry Plihal. Novaoek was convicted of murder in the first degree while engaged in the felony of robbery or burglary under SDCL 22-16-4, which then provided:
Homicide is murder in the first degree when perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, or when committed by a…
2Cases cited22 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Murray v. CarrierSupreme Court of the United States · 1986
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- Harrington v. CaliforniaSupreme Court of the United States · 1969
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3Cited by11 opinions
- Lewis E. Ashker v. Joseph Class, Warden, South Dakota Penitentiary, and Mark W. Barnett, Attorney General of South DakotaCourt of Appeals for the Eighth Circuit · 1998
- In Re B.Y. Development, Inc.South Dakota Supreme Court · 2000
- In re C.V.South Dakota Supreme Court · 1998
- State v. LitschewskiSouth Dakota Supreme Court · 1999
- Whitepipe v. WeberDistrict Court, D. South Dakota · 2007
6 more not listed; retrieve them via the Exa API.