Legal Opinion
State v. Garber
South Dakota Supreme Court
Decided January 7, 2004No. NonePublishedCited by 34 opinions
1Opinion of the Court
GILBERTSON, Chief Justice.
[¶ 1.] After Damien Garber (Garber) pleaded guilty to Possession of a Controlled Substance in violation of SDCL, 22-42-5, he was sentenced to ten years in the South Dakota State Penitentiary. On appeal, Garber raises the following issues: (1) whether the right to remain silent extends through sentencing; (2) whether his sentence was grossly disproportionate; (3) whether he should be re-sentenced by a different judge; and (4) whether his attorney’s failure to advise him to remain silent during sentencing amounted to ineffective assistance of counsel. We affirm.
FACTS…
2Cases cited26 opinions
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Estelle v. SmithSupreme Court of the United States · 1981
- Minnesota v. MurphySupreme Court of the United States · 1984
- Rogers v. United StatesSupreme Court of the United States · 1951
- Brown v. United StatesSupreme Court of the United States · 1958
21 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State v. BrimSouth Dakota Supreme Court · 2010
- State v. RiceSouth Dakota Supreme Court · 2016
- State v. BuchholdSouth Dakota Supreme Court · 2007
- State v. McKinneySouth Dakota Supreme Court · 2005
- State v. BeckSouth Dakota Supreme Court · 2010
29 more not listed; retrieve them via the Exa API.