Siers v. Weber
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Appellant pleaded guilty to driving under the influence and was later convicted and incarcerated for felony failure to appear arising from the driving under the influence conviction. Appellant filed a petition for writ of habeas corpus, alleging that counsel in his driving under the influence conviction failed to fully and correctly advise him regarding the constitutionality of the seizure of blood evidence. In support of his petition, Appellant cited Missouri v. McNeely, which the U.S. Supreme Court decided after Appellant’s arrest. In McNeely the Court held that the natural dissipation of alcohol in the bloodstream does not present a per se exigent circumstance justifying nonconsensual blood testing in all driving under the influence arrests. The habeas court granted the State’s motion to dismiss the petition for failure to state a claim but issued a certificate of probable cause regarding whether McNeely should be given retroactive effect in South Dakota. The Supreme Court affirmed the habeas court’s ruling, holding that the new rule announced in McNeely was not a rule which warrants retroactive application to cases on habeas review.
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