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Judge Refuses To Vacate Murder Conviction

August 3, 2010, 11:24 AM

SIOUX FALLS, SD - A federal judge has refused to vacate the second-degree murder conviction of a man serving 21 years in prison for a shooting on the Crow Creek Indian Reservation six years ago.

James Allen Gregg argued that his attorney was ineffective because he didn't try to introduce testimony that the victim had a history of violence. Gregg said that would have shown his state of mind and supported his argument to jurors that he acted in self-defense when he shot and killed James Fallis.

Gregg testified he thought Fallis was going to get a gun in a vehicle and that he fired his pistol as Fallis ran away, hitting him five times. Trial testimony indicated Gregg suffered from post-traumatic stress disorder linked to military service in Iraq.

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