14 N.W.3d 614
S.D.2024Background
- Matthew Fuller pled guilty to felony marijuana possession and received a suspended two-year prison sentence, placed on probation.
- Fuller was involved in multiple post-sentencing incidents, including two arrests related to drug and other crimes, leading to a State petition to revoke his probation.
- During the probation revocation process, two court-appointed attorneys withdrew due to breakdowns in the attorney-client relationship; the court refused to appoint further counsel and proceeded with the hearing with Fuller self-represented.
- The circuit court found Fuller violated probation, notably by using methamphetamine, and executed the two-year suspended sentence without granting him credit for 170 days spent in pre-hearing detention.
- Fuller appealed, arguing the court erred by denying counsel, refusing jail time credit, judicial bias, and due process violations in the revocation process.
Issues
| Issue | Fuller’s Argument | State’s Argument | Held |
|---|---|---|---|
| Right to counsel at revocation hearing | Denial of counsel violated statutory & constitutional rights | Missed right, but lacked prejudice | Statutory right violated, but Fuller suffered no harm |
| Credit for time served pre-hearing | Court should have credited 170 days in jail | No right to credit when held without bond | No legal error, credit only due if held for inability to post bond |
| Judicial bias/recusal | Court’s conduct showed partiality and should have recused | Rulings were proper, no evidence of bias | No evidence of actual or apparent bias |
| Due process in revocation | Notice insufficient; petition vague about evidence | Proper notice and discovery provided | Petition sufficient; process met due process standards |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (conditional liberty at issue in revocation; due process requirements)
- Gagnon v. Scarpelli, 411 U.S. 778 (no per se right to counsel at revocation; case-by-case analysis)
- Black v. Romano, 471 U.S. 606 (informal nature of revocation hearings)
- Lassiter v. Dep’t of Soc. Servs. of Durham Cnty., N.C., 452 U.S. 18 (right to counsel not automatic in all cases)
- State v. Sorenson, 617 N.W.2d 146 (no jail credit owed when held without bond)
- State v. Christian, 588 N.W.2d 881 (due process requirements for probation revocation hearings)
- Marko v. Marko, 816 N.W.2d 820 (recusal/appearance of impartiality standard)