Wilcox v. Leapley

MILLER, Chief Justice.

This is an appeal from the circuit court’s order quashing Daniel Wilcox’ writ of habe-as corpus petition. We remand for resen-tencing.

FACTS

Wilcox was convicted of second-degree murder, first-degree manslaughter, and child abuse arising out of the death of 2½ year old Sheena Johnson. Sheena died from septic shock as a result of a ruptured duodenum, an organ which connects the stomach to the bowels. This court affirmed those convictions on direct appeal. See State v. Wilcox, 441 N.W.2d 209 (S.D. 1989) (Wilcox I).

Thereafter, Wilcox filed this habeas corpus action, claiming…