Court Dismisses Huber's Request For Appeal
by KDLT News
August 22, 2013 2:42 PM
Attorney General Marty Jackley announced on Thursday that Circuit Court Judge John Brown granted the State’s motion to dismiss Ken Huber’s application for a writ of habeas corpus.
Huber claimed that the evidence at his second trial was unfair, and that his two trial counsels were ineffective. Judge Brown ruled that the basic elements alleged by Huber in support of his claims were heard by and ruled upon by the South Dakota Supreme Court in Huber’s appeal from his first trial in 2008. Judge Brown could find no fault with either the second trial’s evidence or defense counsels’ performance.
Huber, the former Highmore Chief of Police, was convicted in 2008 for first degree murder for shooting his wife Pam. The South Dakota Supreme Court overturned this verdict in 2010, saying Huber should have been allowed to call an expert witness who could testify how muscles contract in the body. Huber was retried and convicted in May of 2011.SD Attorney General's Office