Cowans v. South Dakota Board of Pardons & Paroles

KONENKAMP, Justice.

[¶ 1.] After petitioner pleaded guilty, the circuit court gave him an indeterminate sentence, leaving to the Board of Pardons and Paroles the discretion to set petitioner’s actual term of years. The Parole Board held a hearing and imposed the maximum term of the indeterminate sentence. Petitioner sought a writ of habeas corpus alleging that he was denied his right to court-appointed counsel before the Parole Board at the indeterminate sentencing hearing. The habeas court agreed and ordered the Parole Board to hold a second hearing affording petitioner a right to…