Legal Opinion
State v. Apple
South Dakota Supreme Court
Decided December 17, 2008No. 24672PublishedCited by 25 opinions
1Opinion of the Court
MEIERHENRY, Justice.
[¶ 1.] Duane Apple appeals his judgment and sentence for the crimes of Third and Fourth Degree Burglary. He claims that his guilty plea was not intelligent and voluntary. Based on the totality of the circumstances, we agree and reverse and remand.
FACTS AND PROCEDURAL BACKGROUND
[¶ 2.] Apple was arrested and charged in a four-count complaint, including one count of Third Degree Burglary, two counts of Fourth Degree Burglary, and one count of Possession of Stolen Property. 1 His initial appearance on the complaint was before a magistrate judge on March 20, 2002. At the…
2Cases cited20 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- McCarthy v. United StatesSupreme Court of the United States · 1969
- United States v. Dominguez BenitezSupreme Court of the United States · 2004
- Nachtigall v. EricksonSouth Dakota Supreme Court · 1970
- Clark v. StateSouth Dakota Supreme Court · 1980
15 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Monette v. WeberSouth Dakota Supreme Court · 2009
- State v. Van MeterWisconsin Supreme Court · 1976
- State v. OutkaSouth Dakota Supreme Court · 2014
- State v. SmithSouth Dakota Supreme Court · 2013
- Piper v. WeberSouth Dakota Supreme Court · 2009
20 more not listed; retrieve them via the Exa API.