Siers v. Weber

GILBERTSON, Chief Justice.

[¶ 1.] Petitioner and Appellant Donovan Siers filed a petition for habeas corpus alleging ineffective assistance of counsel. The petition asserted that counsel in Si-ers’s driving under the influence conviction failed to properly advise Siers of the constitutionality of blood evidence taken incident to lawful arrest but without Siers’s consent. The State moved to dismiss the petition for failure to state a claim upon which relief could be granted. The habeas court granted the motion, but issued a certificate of probable cause regarding whether Missouri v. McNeely, —…