Legal Opinion

State v. Reed

South Dakota Supreme Court

Decided December 29, 2010No. 25626PublishedCited by 3 opinions

1Per curiam

[¶ 1.] Stanley Reed (Reed) filed a petition for writ of habeas corpus including an application for court-appointed counsel. The habeas court found Reed’s petition “frivolous” and therefore not made in “good faith” as required by SDCL 21-27-4. Reed’s petition and request for appointed counsel were denied. We adopt an objective definition of “good faith,” one that includes a determination that the issues raised in the petition are not frivolous, in interpreting SDCL 21-27-4. The habeas court is affirmed.

BACKGROUND

[¶ 2.] Reed pleaded guilty to felony distribution of a controlled substance and…

2Cases cited17 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Coppedge v. United StatesSupreme Court of the United States · 1962
  3. Coleman v. ThompsonSupreme Court of the United States · 1991
  4. Pennsylvania v. FinleySupreme Court of the United States · 1987
  5. John Ameen Abdullah v. Larry Norris, Acting Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1994

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3Cited by3 opinions

  1. State v. MartinezSouth Dakota Supreme Court · 2016
  2. Guzman v. SullivanSouth Dakota Supreme Court · 2026
  3. State v. Red KettleSouth Dakota Supreme Court · 2018

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