Judge dismisses appeal in former Highmore police chief's murder - KSFY News - Sioux Falls, SD News, Weather, Sports

Judge dismisses appeal in former Highmore police chief's murder case

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A circuit court judge has dismissed the appeal of former Highmore Police Chief Ken Huber, who shot his wife in 2008.

The South Dakota Attorney General's Office issued a news release Thursday stating, Circuit Court Judge John Brown dismissed Huber's application for a writ of habeas corpus.

Huber was convicted in 2008 for first degree murder for shooting his wife Pam. The Supreme Court overturned the verdict in 2010, saying Huber should have allowed to call an expert witness who could testify how muscles contract in the body.

Huber was retried and convicted in May 2011. He claimed the evidence at his second trial was unfair, and that his two trial counsel were ineffective.

Judge Brown ruled 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 trail in 2008.

Judge Brown said he could find no fault with either the second trial's evidence or defense counsel's performance.

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