McMullen v. State

BIEGELMEIER, Judge.

It appears that the first informal papers filed in this proceeding were titled "William Glen McMullen, Petitioner, vs. The State of South Dakota, Respondent" and thereafter the papers were titled "State of South Dakota, Plaintiff (or Plaintiff-Respondent), vs. William Glen McMullen, Defendant (or Defendant-Petitioner)", and given the same clerk's filing number as, and filed with, the original criminal action. The Uniform Post-Conviction Procedure Act, now Ch. 23-52 of SDCL 1967, provides certain persons "may institute a proceeding under this chapter to secure relief" (SDCL…