Fast Horse v. Weber
838 N.W.2d 831
S.D.2013Background
- Fast Horse was indicted in Sept. 2007 for first-degree kidnapping, second-degree rape, and aggravated assault; the State filed a part two information alleging prior felonies.
- Trial counsel represented Fast Horse; he was convicted on all three charges after a 2007 trial.
- Fast Horse appealed the convictions in Fasthorse (2009 SD 106, 776 N.W.2d 233) and later sought habeas corpus relief.
- Fast Horse filed a pro se habeas petition Oct. 2010, was appointed new counsel, and amended his petition Feb. 2012.
- A habeas hearing occurred June 5, 2012; the habeas court denied the writ on Aug. 10, 2012, with final order Sept. 10, 2012.
- This Court affirms, resolving issues of ineffective assistance of counsel, due process, and res judicata effects from prior direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel (investigation, penalties, plea, credibility) | Fast Horse argues trial counsel failed to investigate, misadvised penalties, failed to pursue a plea, and inadequately attacked credibility. | Weber contends trial counsel acted reasonably; no prejudice shown. | Affirmative on prejudice not shown; no ineffective assistance. |
| Fair trial—cross-examination of the victim | Fast Horse claims trial court limited cross-examination that would impeach credibility. | Weber asserts limits were proper and non-prejudicial. | Res judicata; no reversible error; affirmed as to this claim. |
| Due process—arraigning court's penalty misstatement | Incorrect max penalty advised affected plea strategy and due process. | Arraigning court later corrected max penalty; no demonstrated effect on plea or outcome. | No due process violation proven; affirmed. |
Key Cases Cited
- Boyles v. Weber, 677 N.W.2d 531 (S.D. 2004) (habeas review and deference to trial court findings; mixed questions of law and fact for ineffectiveness)
- Steiner v. Weber, 815 N.W.2d 549 (S.D. 2011) (colorable habeas claims; standard for relief)
- Jenner v. Dooley, 590 N.W.2d 468 (S.D. 1999) (habeas scope and grounds for relief)
- Hays v. Weber, 645 N.W.2d 591 (S.D. 2002) (ineffective assistance; standard of review)
- Siers v. Class, 581 N.W.2d 491 (S.D. 1998) (reasonable professional norms; strategic decisions)
- State v. Fasthorse, 776 N.W.2d 233 (S.D. 2009) (direct appeal issues res judicata on habeas)
- Fast Horse v. Weber, 598 N.W.2d 539 (S.D. 1999) (direct appeal; earlier habeas ruling)