Sprik v. Class

RUSCH, Circuit Judge.

[¶ 1.] Calvin Earle Sprik (Sprik) appeals from the denial of his application for a writ of habeas corpus. We affirm.

*826FACTS AND PROCEDURAL HISTORY

[¶ 2.] At trial, Sprik was convicted of one count of third degree (statutory) rape. He was acquitted of two counts of third degree rape and three counts of second degree (forcible) rape. His conviction was affirmed on direct appeal in State v. Sprik, 520 N.W.2d 595 (S.D.1994). Sprik then applied for a writ of habeas corpus which was denied by Judge Merton Tice following hearings on January 6, 9, 17 and 23, and February 6, 1995,…