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SIERS v. WEBER

No. 26823.

851 N.W.2d 731 (2014)

2014 S.D. 51

Donovan Craig SIERS, Plaintiff and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided July 23, 2014.

Attorney(s) appearing for the Case

Mark Kadi , Minnehaha County Office of the Public Advocate, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Marty J. Jackley , Attorney General, Jeffrey P. Hallem , Kelly Marnette , Assistant Attorneys General, Pierre, South Dakota, Attorneys for respondent and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Petitioner and Appellant Donovan Siers filed a petition for habeas corpus alleging ineffective assistance of counsel. The petition asserted that counsel in Siers's driving under the influence conviction failed to properly advise Siers of the constitutionality of blood evidence taken incident to lawful arrest but without Siers's consent. The State moved to dismiss the petition for failure to state a claim upon which relief could...

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