Asmussen v. Young

[¶1.] David Asmussen has filed a motion for a certificate of probable cause to appeal the denial of habeas corpus relief from his kidnapping convictions. Because his habeas claims are clearly procedurally defaulted, we deny the motion.

Facts and Procedural History

[¶2.] At the conclusion of a jury trial in Codington County in late 2006, Asmussen was convicted of two counts of first-degree kidnapping in connection with the 2001 disappearance of his girlfriend in Watertown. Asmussen waived counsel and exercised his right of self-representation during trial following an advisement by the trial…