Garland Ray Gregory, Jr. v. South Dakota
AdministrativeLaw DueProcess JusticiabilityDoctri
Did the South Dakota Supreme Court abuse its discretion in dismissing the petitioner's writ of error coram nobis?
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)