The SD Supreme Court handed down one decision this morning,
holding, inter alia:
1) Habeas Relief denied
Summary follows:
FOOTE v. YOUNG, 2024 S.D. 41:
Inmate, serving time for two convictions of aggravated assault on a law enforcement
officer with a deadly weapon, brought this habeas action asserting double jeopardy,
cruel & unusual punishment, and ineffective assistance of counsel. The trial court denied relief but issued a
certificate of probably cause for appeal based only on the issue of ineffective
assistance of counsel. The SD Supreme
Court affirmed the lower court. This
opinion reviews and rejects three specific assertions of ineffectiveness of
counsel (1, failure to object to the
State’s disclosure of its experts, 2, failure to challenge the state’s experts’ qualifications and 3, failure
to engage an expert to rebut the testimony
taser experts produced by the state). This
ruling is a 4-1 decision, with all 5 members of the Court voting to affirm. Justice Salter authored the Court’s opinion. Justice Myren filed a separate concurring opinion. Circuit Judge Fitzgerald sat on this case, in
lieu of Justice DeVaney.
NOTE: This case was submitted on the briefs to the Court just 6 weeks ago, on
June 6.
FURTHER NOTE: Inmate’s trial counsel, whose effectiveness was
upheld, was our deceased colleague and friend Brad Schreiber.
This decision may be accessed at
