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COWANS v. BOARD OF PARDONS AND PAROLES

No. 24963.

764 N.W.2d 501 (2009)

2009 SD 22

Rodney COWANS, Petitioner and Appellee, v. SOUTH DAKOTA BOARD OF PARDONS AND PAROLES and Douglas Weber, Warden, Respondents and Appellants.

Supreme Court of South Dakota.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Henry K. Evans, Sioux Falls, South Dakota, Attorney for petitioner and appellee.

Max A. Gors, Assistant Attorney General, Pierre, South Dakota, Attorney for respondents and appellants.

KONENKAMP, Justice.

[¶ 1.] After petitioner pleaded guilty, the circuit court gave him an indeterminate sentence, leaving to the Board of Pardons and Paroles the discretion to set petitioner's actual term of years. The Parole Board held a hearing and imposed the maximum term of the indeterminate sentence. Petitioner sought a writ of habeas corpus alleging that he was denied his right to court-appointed counsel before the Parole Board at the indeterminate sentencing...

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