GUTHRIE v. WEBER

No. 24883.

767 N.W.2d 539 (2009)

2009 SD 42

William GUTHRIE, Petitioner and Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided June 10, 2009.


Attorney(s) appearing for the Case

Michael J. Butler, Sioux Falls, South Dakota, Attorney for petitioner and appellant.

Lawrence E. Long, Attorney General, Sherri Sundem Wald, Deputy Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.


KONENKAMP, Justice.

[¶ 1.] Petitioner was convicted in 2001 of the murder of his wife. He sought habeas corpus relief in circuit court asserting that his trial counsel was ineffective for failing to move to suppress evidence obtained with a search warrant and subpoenas duces tecum. The habeas court denied relief. It concluded that the warrant was supported by probable cause and that, although the subpoenas violated...

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