Legal Opinion

In Re the Application of Thomas Ex Rel. Schmit

South Dakota Supreme Court

Decided January 2, 1985No. 14306PublishedCited by 26 opinions

1Opinion of the Court

MORGAN, Justice.

Appellant petitioned for habeas corpus relief in the circuit court seeking relief from a prison term that was imposed after a suspended portion of appellant’s sentence was revoked. The circuit court denied ha-beas corpus relief and we affirm.

On April 7, 1980, after he was convicted of third degree burglary, appellant was sentenced to six years in the penitentiary. Circuit Judge R.E. Brandenburg’s sentence stated: “That two (2) years of the sentence be suspended not to commence until after the four (4) year period upon the following conditions: [during the two year suspended…

2Cases cited8 opinions

  1. State v. HolterSouth Dakota Supreme Court · 1983
  2. State v. TchidaSouth Dakota Supreme Court · 1984
  3. Pearson v. AdamsSouth Dakota Supreme Court · 1979
  4. Caneva v. Miners and Merchants BankSouth Dakota Supreme Court · 1983
  5. State v. PettisSouth Dakota Supreme Court · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Darrell Martin v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1986
  2. State v. HuftileSouth Dakota Supreme Court · 1985
  3. State v. ObanSouth Dakota Supreme Court · 1985
  4. State v. WooleySouth Dakota Supreme Court · 1990
  5. Smith v. Board of Pardons and ParolesSouth Dakota Supreme Court · 1994

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API