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FLOWERS v. WEBER

No. 26769.

844 N.W.2d 363 (2014)

2014 S.D. 12

Shannon FLOWERS, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided March 5, 2014.

Attorney(s) appearing for the Case

Paul Henry , Sioux Falls, SD, Attorney for petitioner and appellant.

Marty J. Jackley , Attorney General, Craig M. Eichstadt Assistant Attorney General Pierre, South Dakota, Attorneys for respondent and appellee.

WILBUR, Justice.

[¶ 1.] More than 30 days after the circuit court filed its denial of his application for habeas corpus relief, Shannon Flowers sought a certificate of probable cause pursuant to SDCL 21-27-18.1. In spite of the untimeliness of his motion, the circuit court granted Flowers's motion and certified an issue for appeal. Flowers timely filed his notice of appeal to this Court. Because SDCL 21-27-18.1 is jurisdictional, we dismiss Flowers's appeal....

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