854 N.W.2d 347
S.D.2014Background
- Frank Ashley was convicted in 2009 on multiple counts of sexual offenses involving a minor and sentenced to 135 years consecutive.
- Direct appeal of Ashley’s conviction was summarily affirmed by this Court.
- Ashley filed a habeas corpus petition in 2011; the circuit court dismissed it and denied a CPC.
- This Court reversed in 2012 and remanded for an evidentiary hearing; an evidentiary hearing occurred in November 2013.
- The habeas court issued findings and denied relief and also denied Ashley’s CPC.
- Ashley sought a CPC from this Court to appeal the habeas court’s denial; the issue is whether the CPC should issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ashley made a substantial showing of the denial of a constitutional right to obtain a CPC | Ashley contends there are debatable constitutional claims needing review | Young argues Ashley failed to show substantial denial of rights warranting review | CPC denied; no substantial showing found |
| Whether a CPC can be granted without addressing the habeas court’s findings of fact and conclusions of law | Ashley argues the standard requires merits review even with limited record | State argues discretionary review requires addressing habeas findings on the record | CPC requires addressing habeas findings; Ashley failed to do so |
| Whether the standard for CPC review should follow federal COA-like standards | Ashley posits a federal-style substantial showing is required | State supports adopting Lange’s framework aligning with SDCL 21-27-18.1 | Federal COA standards adopted; substantial showing required |
| Whether the CPC should allow a full merits review of the habeas claims on the record before the court | Ashley seeks full merits consideration on limited CPC record | State argues CPC review is discretionary and limited to showing of denial | Merits review deferred; CPC denied due to lack of substantial showing |
Key Cases Cited
- Lange v. Weber, 1999 S.D. 138 (S.D. 1999) (establishes CPC standard and substantial showing requirement)
- Steiner v. Weber, 2011 S.D. 40 (S.D. 2011) (explains need for evidentiary hearing when claims plausibly asserted in habeas)
- Lynch v. Blodgett, 999 F.2d 401 (9th Cir. 1993) (federal analog for certificate of probable cause standards)
- Barefoot v. Estelle, 463 U.S. 880 (U.S. 1983) (high threshold for frivolousness and requisite showing)
- Miller-El v. Cockrell, 537 U.S. 322 (U.S. 2003) (standard: reasonable jurists could debate denial of claims)
- Slack v. McDaniel, 529 U.S. 473 (U.S. 2000) (definition of substantial showing for COA review)
- Jenner v. Dooley, 1999 S.D. 20 (S.D. 1999) (prior CPC guidance in South Dakota)
- Wayrynen v. Class, 1998 S.D. 111 (S.D. 1998) (early CPC decisions and timing considerations)
- Singletary v. State, 88 S.D. 655 (S.D. 1975) (historical context for CPC and habeas procedures)