collateral challenge (South Dakota) · Go Syfert
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collateral challenge in South Dakota

6 South Dakota opinions name it 1 courts 2006–2014 0 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Moellergreen
sd · 1994 · cited in 2 South Dakota opinions naming this issue, 2006–2006
2 sentences

2006State v. Moeller, 511 N.W.2d 803, 809 (S.D.1994).

2006State v. Moeller, 511 N.W.2d 803, 809 (S.D.1994).

22
State v. Andersongreen
sd · 2013 · cited in 1 South Dakota opinions naming this issue, 2014–2014
2 sentences

2014Direct appeals from convictions are “afforded greater scrutiny than a collateral challenge by habeas corpus action.” State v. Anderson, 2013 S.D. 36, ¶ 11 , 831 N.W.2d 54, 57 (citation omitted).

2014Direct appeals from convictions are “afforded greater scrutiny than a collateral challenge by habeas corpus action.” State v. Anderson, 2013 S.D. 36, ¶ 11 , 831 N.W.2d 54, 57 (citation omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Custis v. United States green
scotus · 1994
2 sentences

2014Id. at 496 , 114 S. Ct. 1738 . [¶20.] In reaching its decision, the Supreme Court reasoned: As we have explained, “[i]nroads on the concept of finality tend to undermine confidence in the integrity of our procedures” and inevitably delay and impair the orderly administration of justice.

2014Id. at 496-97 , 114 S. Ct. at 1738-39 .

22014–2014
State v. Miller green
sd · 2006
2 sentences

2013“A direct appeal from a conviction must be afforded greater scrutiny than a collateral challenge by habeas corpus action.” Id.

2013“Thus, on a direct appeal from a conviction the defendant is entitled to all presumptions and protections possible under our constitution.” Id. [¶ 12.] SDCL 23A-7-1 (Rule 10) governs the procedure for arraignments in South Dakota: An arraignment shall be conducted in open court, except that an arraignment for a Class 2 misdemeanor may be conducted in chambers, and shall consist of reading the indictment, information, or complaint, as is applicable, to the defendant or stating to him the substance of the charge and calling on him to plead thereto.

12013–2013

Where else courts name it

PA 107 (1909–2026) WA 90 (1927–2026) OH 66 (1973–2026) TX 63 (1899–2026) CA 53 (1908–2024) NY 44 (1866–2026) FL 38 (1983–2019) VT 36 (1971–2026) IL 33 (1924–2026) MD 25 (1982–2022) IN 23 (1887–2020) OR 22 (1888–2025) MI 21 (1927–2024) AR 19 (1992–2026) MA 13 (1991–2026) MO 13 (1900–2024) GA 13 (1968–2024) CT 12 (1997–2025) KS 12 (1969–2024) AL 11 (1899–2001) WI 10 (1928–2026) CO 10 (1984–2022) NJ 9 (1901–2026) NM 9 (1993–2020) IA 7 (1901–2018) SD 6 (2006–2014) TN 6 (2002–2009) DC 6 (1979–2024) NH 6 (1988–2015) UT 5 (2004–2019) NE 5 (1979–2006) MT 4 (2008–2015) ME 4 (2010–2018) NC 4 (1887–2003) ID 4 (1983–2024) MN 4 (1988–2014) KY 4 (1898–2023) VA 3 (2001–2008) AZ 3 (2011–2024) MS 3 (1922–2011) RI 3 (1998–2007) OK 2 (1978–1981) DE 2 (2021–2021) NV 2 (1995–2013) AK 2 (1967–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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