Pickering v. State

ANDERST, Circuit Judge.

Defendant appeals from an order denying his petition for post-conviction relief under SDCL 23-52. We affirm.

In May of 1971, appellant was tried and convicted of first degree manslaughter in the death of Lila Mae Scott. The state’s principal witness at the trial was Michael Pickering, appellant’s younger brother. A summary of the facts relevant to that conviction is set out in State v. Pickering, 87 S.D. 331, 207 N.W.2d 511. Subsequently, appellant was convicted of murdering a fellow inmate who had testified against him in the previous trial and refused to change his…