Brakeall v. Weber
South Dakota Supreme Court
1Opinion of the CourtGilbertson, Chief Justice
[¶ 1.] Winston Brakeall petitions this Court for a writ of habeas corpus alleging his guilty pleas for two counts of rape and two counts of sexual contact were not knowing and voluntary; his counsel was ineffective; and the preparation and introduction of the presentence investigation report violated his right to due process of law. The habeas court denied Brakeall’s request for a writ of habeas corpus. We affirm.
FACTS AND PROCEDURE
[¶ 2.] Brakeall pleaded guilty to one count of third degree rape, one count of first degree rape and two counts of sexual contact with a minor. Brakeall was…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. TimmreckSupreme Court of the United States · 1979
- United States v. William N. StevensCourt of Appeals for the Sixth Circuit · 1988
- State v. BrammerSouth Dakota Supreme Court · 1981
- United States v. Dennis D. RoneCourt of Appeals for the Seventh Circuit · 1984
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Steichen v. WeberSouth Dakota Supreme Court · 2009
- State v. JensenSouth Dakota Supreme Court · 2011
- Boyles v. WeberSouth Dakota Supreme Court · 2004
- Piper v. YoungSouth Dakota Supreme Court · 2019
- Denoyer v. WeberSouth Dakota Supreme Court · 2005
8 more not listed; retrieve them via the Exa API.