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STATE v. REED

No. 25626.

793 N.W.2d 63 (2010)

2010 S.D. 105

STATE of South Dakota, Plaintiff and Appellee, v. Stanley REED, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Andrew Knecht , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Mitchell D. Johnson of Johnson Law Office, Rapid City, South Dakota, Attorney for defendant and appellant.

PER CURIAM.

[¶ 1.] Stanley Reed (Reed) filed a petition for writ of habeas corpus including an application for court-appointed counsel. The habeas court found Reed's petition "frivolous" and therefore not made in "good faith" as required by SDCL 21-27-4. Reed's petition and request for appointed counsel were denied. We adopt an objective definition of "good faith," one that includes a determination that the issues raised in the petition are not frivolous, in...

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