Ashley v. Young
South Dakota Supreme Court
1Opinion of the Court
ZINTER, Justice.
[¶ 1.] Frank Ashley moved this Court for a certificate of probable cause (CPC) to appeal the circuit court’s denial of his petition for habeas corpus. In denying the motion, we clarify the standard of review and showing necessary for applicants to obtain CPCs from this Court.
Facts and Procedural History
[¶ 2.] In 2009, Frank Ashley was found guilty of three counts of third-degree rape of a victim less than sixteen years of age; one count of fourth-degree rape of a victim between thirteen and sixteen years of age; four counts of sexual contact with a child under sixteen years of…
2Cases cited13 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Barefoot v. EstelleSupreme Court of the United States · 1983
- South Dakota Subsequent Injury Fund v. Casualty Reciprocal ExchangeSouth Dakota Supreme Court · 1999
- Jenner v. DooleySouth Dakota Supreme Court · 1999
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3Cited by4 opinions
- Iannarelli v. YoungSouth Dakota Supreme Court · 2017
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- Asmussen v. YoungSouth Dakota Supreme Court · 2019
- Asmussen v. YoungSouth Dakota Supreme Court · 2019