Bostick v. Weber

[¶ 32.] I dissent for the following reasons:

1. Bostick appeals claiming the conditions of his parole constitute custody and impose a significant restraint on his liberty under SDCL 21-27-1. We previously issued an order of limited remand directing that the claim of ineffective assistance of counsel be heard on the merits. Despite this clear direction, the circuit court ruled that Bostick’s parole mooted his action and dismissed. We should reverse.

2. SDCL 21-27-1 provides:

Any person committed or detained, imprisoned or restrained of his liberty, under any color or pretense whatever, civil or…