Legal Opinion

Jenner v. Dooley

South Dakota Supreme Court

Decided February 10, 1999No. NonePublishedCited by 51 opinions

1Opinion of the CourtKonenkamp, J.

[¶ 1.] Without an evidentiary hearing, the circuit court dismissed the habeas corpus applicant’s claims for undue delay in filing and for failure to state a claim upon which relief can be granted. We conclude the court erred in dismissing the application as untimely, but we affirm the dismissal because the application nonetheless failed to state a legally sufficient claim for relief.

Facts

[¶ 2.] Three-year-old Abby Lynn Jenner was found stabbed to death in her home in Huron, South Dakota, on the morning of April 5, 1987. With no evidence of forced entry, law enforcement officers deduced that…

2Cases cited47 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  4. Johnson v. ZerbstSupreme Court of the United States · 1938
  5. Schlup v. DeloSupreme Court of the United States · 1995

42 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Jacob Lee Schmidt v. State of IowaSupreme Court of Iowa · 2018
  2. Meinders v. WeberSouth Dakota Supreme Court · 2000
  3. Jackson v. WeberSouth Dakota Supreme Court · 2001
  4. Davi v. ClassSouth Dakota Supreme Court · 2000
  5. State v. El-TabechNebraska Supreme Court · 2000

46 more not listed; retrieve them via the Exa API.

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