Legal Opinion

Guthrie v. Weber

South Dakota Supreme Court

Decided June 10, 2009No. 24883PublishedCited by 3 opinions

1Opinion of the Court

*541KONENKAMP, Justice.

[¶ 1.] Petitioner was convicted in 2001 of the murder of his wife. He sought habeas corpus relief in circuit court asserting that his trial counsel was ineffective for failing to move to suppress evidence obtained with a search warrant and subpoenas duces tecum. The habeas court denied relief. It concluded that the warrant was supported by probable cause and that, although the subpoenas violated petitioner’s right of privacy, the evidence would have been inevitably discovered. Petitioner appeals and we affirm.

Background

[¶ 2.] On May 14, 1999, Sharon Guthrie drowned in the…

2Cases cited23 opinions

  1. United States v. VentrescaSupreme Court of the United States · 1965
  2. Nix v. WilliamsSupreme Court of the United States · 1984
  3. Bourjaily v. United StatesSupreme Court of the United States · 1987
  4. People v. DoolinCalifornia Supreme Court · 2009
  5. United States of America,plaintiff-Appellee v. Armando Lopez-SotoCourt of Appeals for the Ninth Circuit · 2000

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3Cited by3 opinions

  1. State v. Ostby & OlmstedSouth Dakota Supreme Court · 2020
  2. State v. O'NealSouth Dakota Supreme Court · 2024
  3. Guthrie v. WeberSouth Dakota Supreme Court · 2009

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