Legal Opinion

Brakeall v. Weber

South Dakota Supreme Court

Decided July 30, 2003No. NonePublishedCited by 13 opinions

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. TimmreckSupreme Court of the United States · 1979
  3. United States v. William N. StevensCourt of Appeals for the Sixth Circuit · 1988
  4. State v. BrammerSouth Dakota Supreme Court · 1981
  5. 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

  1. Steichen v. WeberSouth Dakota Supreme Court · 2009
  2. State v. JensenSouth Dakota Supreme Court · 2011
  3. Boyles v. WeberSouth Dakota Supreme Court · 2004
  4. Piper v. YoungSouth Dakota Supreme Court · 2019
  5. Denoyer v. WeberSouth Dakota Supreme Court · 2005

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

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