Garritsen v. Leapley

SABERS, Justice.

Garritsen appeals the denial of his application for writ of habeas corpus. The trial court denied the application as untimely and on the merits. Garritsen appeals. We reverse on timeliness but affirm on the merits.

FACTS

In February 1980, Garritsen was found guilty by a jury of two counts of first degree rape and as a habitual offender. He was sentenced to life imprisonment. He appealed his conviction, and this court affirmed in State v. Garritsen, 302 N.W.2d 409 (S.D.1981) (Garritsen I).

Garritsen filed a “Petition for Post Conviction Relief’ under the Uniform Post-Conviction…