Dillon v. Weber

WILBUR, Circuit Judge.

[¶ 1.] Habeas corpus petitioner seeks relief based on ineffective assistance of trial counsel. The habeas court found no ineffective assistance. We reverse.

BACKGROUND

[¶ 2.] An overview of the factual and procedural history of this case is set forth in State v. Dillon, 2001 SD 97, 632 N.W.2d 37. Only the facts pertinent to the present habeas corpus action will be discussed here. In 1998 Farrell Dillon (Dillon) was charged with seven counts of first degree rape, two counts of third degree rape, and five counts of criminal pedophilia. 1 It was alleged that Dillon performed…