No. 23-6640

Garland Ray Gregory, Jr. v. South Dakota

Lower Court: South Dakota
Docketed: 2024-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment-claim collateral-estoppel constitutional-violation coram-nobis cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel judicial-discretion procedural-error res-judicata
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Did the South Dakota Supreme Court abuse its discretion in dismissing the petitioner's writ of error coram nobis?

Question Presented (OCR Extract)

QUESTION PRESENTED Did South Dakota Supreme Court abuse its discretion, affirming South Dakota Fourth Judicial Circuit Court’s dismissal of Petitioner’s Petition For Writ Of Error Coram Nobis, bringing Fifth, Sixth, Eighth, and Fourteenth Amendment violation claims, holding: ‘barred by res judicata and collateral estoppel, error in an indictment or information inadequate to merit relief under coram nobis; petitioner suffered no prejudice to a substantial right in State Supreme Court’s failure to conclude the law! on its finding petitioner met the statutory burden of proof” ona constitutionally invalid plea; Gregory v. State, 353 N.W.2d 777 (S.D. 1984) not overturned by later South Dakota Supreme Court decisions; coram nobis does not cover issues of cruel and unusual punishment for petitioner being imprisoned in excess of the maximum penalty for his felony class conviction’? 'SDCL § § 15-24-1 / 15-6-52(a) 2 Admission of violation of SDCL § 23A-7-4(1), Gregory, 353 N.W.2d at 779 (1984)

Docket Entries

2024-03-18
Petition DENIED.
2024-02-22
DISTRIBUTED for Conference of 3/15/2024.
2024-02-15
Waiver of right of respondent South Dakota to respond filed.
2024-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)

Attorneys

Garland R. Gregory, Jr.
Garland Ray Gregory, Jr. — Petitioner
Garland Ray Gregory, Jr. — Petitioner
South Dakota
Sarah Lynn ThorneSouth Dakota Office of the Attorney General, Respondent
Sarah Lynn ThorneSouth Dakota Office of the Attorney General, Respondent