Hughbanks v. Dooley
Annotate this CaseIn 2007, Appellant pleaded guilty to two counts of possession of child pornography and admitted that he was a habitual offender. Appellant did not directly appeal his conviction. Nearly seven years after his conviction became final, Appellant filed a petition for a writ of habeas corpus, alleging multiple claims of ineffective assistance of counsel and a Miranda violation. After a hearing, the habeas court concluded that Appellant’s habeas petition was untimely and granted the State’s motion for summary judgment, dismissing Appellant’s petition with prejudice. The Supreme Court reversed, holding (1) the habeas court did not err in applying S.D. Codified Laws 21-27-3.3 to Appellant’s action because Appellant commenced the action after the effective date of the statute; but (2) in applying section 21-27-3.3, the habeas court had the authority to delay commencement of the two-year limitations period until the effective date of the statute, and because Appellant filed the action within the two years, the habeas court erroneously granted summary judgment against Appellant for violating the statute of limitations in section 21-27-3.3.
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