Legal Opinion
Cowell v. Leapley
South Dakota Supreme Court
Decided July 3, 1990No. 16730PublishedCited by 58 opinions
1Opinion of the Court
MORGAN, Justice.
This appeal arises from the denial of the habeas corpus petition of James Cowell (Cowell) challenging the constitutionality of his 1978 conviction for first-degree murder. This court affirmed that conviction on direct appeal. State v. Cowell, 288 N.W.2d 322 (S.D.1980) (Cowell I). From the determination of the court below (habeas court) that Edwards v. Arizona 1 and Arizona v. Roberson, 2 should not apply retroactively, Cowell appeals. We affirm.
Cowell I was decided on February 13, 1980. According to the procedure in effect at that time, Cowell had ninety days to petition for…
2Cases cited27 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Teague v. LaneSupreme Court of the United States · 1989
- Stone v. PowellSupreme Court of the United States · 1976
- Linkletter v. WalkerSupreme Court of the United States · 1965
22 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Danforth v. MinnesotaSupreme Court of the United States · 2008
- Danforth v. MinnesotaSupreme Court of the United States · 2008
- Johnson v. StateSupreme Court of Florida · 2005
- State v. WhitfieldSupreme Court of Missouri · 2003
- Colwell v. StateNevada Supreme Court · 2002
53 more not listed; retrieve them via the Exa API.