Legal Opinion

State v. Red Kettle

South Dakota Supreme Court

Decided September 19, 2018No. 28374Published

1Opinion of the CourtZinter, Justice

[¶1.] Twenty-eight years ago, this Court reversed a defendant's sentence and remanded the case for resentencing consistent with the Court's decision. For reasons not disclosed in this record, the defendant did not get resentenced until 2017. In a pro-se motion made before the 2017 sentence-correction hearing, the defendant requested court-appointed counsel and argued for his release because the State failed to timely proceed after remand. The circuit court did not address these additional requests; instead, it proceeded to resentence the defendant as directed in this Court's 1990 decision.…

2Cases cited7 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Coleman v. AlabamaSupreme Court of the United States · 1970
  3. Mempa v. RhaySupreme Court of the United States · 1967
  4. Hamilton v. AlabamaSupreme Court of the United States · 1961
  5. White v. MarylandSupreme Court of the United States · 1963

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