Flowers v. Weber

WILBUR, Justice.

[¶ 1.] More than 30 days after the circuit court filed its denial of his application for habeas corpus relief, Shannon Flowers sought a certificate of probable cause pursuant to SDCL 21-27-18.1. In spite of the untimeliness of his motion, the circuit court granted Flowers’s motion and certified an issue for appeal. Flowers timely filed his notice of appeal to this Court. Because SDCL 21-27-18.1 is jurisdictional, we dismiss Flowers’s appeal.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] The circuit court filed the final order denying Flowers’s application for writ of habeas corpus on…