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STATE v. HOEFT

No. 20388.

594 N.W.2d 323 (1999)

1999 SD 24

STATE of South Dakota, Plaintiff and Appellee, v. Michael HOEFT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 24, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, for plaintiff and appellee.

James A. Eirinberg, Sioux Falls, for defendant and appellant.

SABERS, Justice

[¶ 1.] Michael Hoeft appeals his convictions claiming that: 1) the trial judge should have removed himself sua sponte from the case when he was required to rule on the legal validity of a search warrant which he issued; 2) SDCL 22-14A-13 is unconstitutionally vague; 3) his conviction for violation of SDCL 22-14A-13 should be vacated because he pled guilty to a constitutionally defective indictment; and 4) his pleas are void because he did not...

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