844 N.W.2d 363
S.D.2014Background
- Flowers sought a certificate of probable cause under SDCL 21-27-18.1 more than 30 days after the circuit court denied habeas relief.
- The circuit court granted the certificate despite untimeliness, certifying an issue for appeal.
- Flowers filed a timely notice of appeal to the South Dakota Supreme Court after the circuit court’s certification.
- SDCL 21-27-18.1 requires a certificate of probable cause within 30 days from the date the final order is entered, making the motion jurisdictional.
- The circuit court’s final order denying habeas relief was entered May 7, 2013; Flowers’ certificate motion was filed June 10, 2013.
- This Court dismissed Flowers’ appeal for lack of jurisdiction due to the untimely filing of the certificate request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the certificate of probable cause was timely filed | Flowers contends the motion was timely under SDCL 21-27-18.1. | State asserts the motion was filed beyond 30 days from entry, depriving jurisdiction. | Untimely filing deprived circuit court of jurisdiction; appeal dismissed. |
Key Cases Cited
- Christensen v. Weber, 740 N.W.2d 622 (S.D. 2007) (deadline runs from entry; statute is jurisdictional)
- Hannon v. Weber, 638 N.W.2d 48 (S.D. 2001) (no notice of entry requirement for SDCL 21-27-18.1)