Fast Horse v. Leapley

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUE

In State v. Fast Horse, 490 N.W.2d 496 (S.D.1992), this Court affirmed the conviction of Lavern Charles Fast Horse for embezzlement of property received in trust. On September 9, 1993, Writ of Habeas Corpus was denied. However, a Certificate for Probable Cause was thereafter granted. Fast Horse appeals the denial of the writ on this issue:

Was Fast Horse denied effective assistance of counsel by his trial attorney's failure to call certain witnesses in his defense or by failing to introduce evidence that would have impeached a State witness’…