Legal Opinion

Rosen v. Weber

South Dakota Supreme Court

Decided February 15, 2012No. 25934PublishedCited by 17 opinions

1Opinion of the Court

ZINTER, Justice (on reassignment).

[¶ 1.] Garry Rosen pleaded guilty to kidnapping. He later contended that his plea was involuntary, and he petitioned for habeas corpus relief. The habeas court concluded that Rosen’s plea was voluntary. We reverse because Rosen was never advised that by pleading guilty he would waive his right to trial by a jury, he would waive his right to compulsory process, and he would waive his right against self-incrimination. Additionally, Rosen was never asked whether he understood he would be waiving those rights.

Facts and Procedural History

[¶2.] Rosen was arraigned…

2Cases cited3 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Monette v. WeberSouth Dakota Supreme Court · 2009
  3. State v. GoodwinSouth Dakota Supreme Court · 2004

3Cited by17 opinions

  1. State v. BilbenSouth Dakota Supreme Court · 2014
  2. State v. SmithSouth Dakota Supreme Court · 2013
  3. State v. EdwardsSouth Dakota Supreme Court · 2014
  4. Kleinsasser v. WeberSouth Dakota Supreme Court · 2016
  5. Oleson v. YoungSouth Dakota Supreme Court · 2015

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