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Klaudt files action to remove petition from Supreme Court

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Mitchell South Dakota 120 South Lawler 57301

By Northern Plains News Service

SIOUX FALLS -- Convicted rapist and former state legislator Ted Klaudt has filed an action in U.S. District Court in Sioux Falls requesting the federal court remove an unaccepted action he attempted to file with the South Dakota Supreme Court.

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On Aug. 1, Klaudt unsuccessfully tried to file a "motion to vacate opinion" with the state Supreme Court. On Aug. 28, the clerk of the supreme court notified Klaudt that "We are returning the above documents as they are not in proper statutory form to invoke this Court's appellate or original jurisdiction."

Klaudt claims in his "removal" petition that he is an "expatriated American Citizen." Klaudt further alleges the state Supreme Court has a "Judicial Bias" against him because as a legislator, he helped set the budget for the Unified Judicial System.

Klaudt filed the petition Sept. 12. He lists the State of South Dakota and Attorney General Marty Jackley as defendants.

The former state representative from Walker was convicted in 2007 and sentenced to 44 years on four counts of second-degree rape for touching his teenage foster daughters' breasts and genitals and 10 additional years after pleading guilty to two counts of witness tampering.

In addition, Klaudt alleges that he "had a social and business relationship with various Justices on the Court" and that he was "the sole person who derailed a bill presented by the Court to increase a program" in his position as vice chairman of the appropriations committee.

According to the S.D. Department of Corrections, Klaudt is serving his sentences at the Mike Durfee State Prison in Springfield. The state Supreme Court affirmed Klaudt's convictions Aug. 9, 2009.

The state of South Dakota has not yet filed a response.

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