State v. Reed
2010 SD 105
S.D.2010Background
- Reed filed a habeas corpus petition with a request for court-appointed counsel after pleading guilty to felony distribution of a controlled substance and third-degree rape.
- The habeas court dismissed Reed’s petition as frivolous and denied appointed counsel in accordance with SDCL 21-27-4.
- Reed sought a CPC to appeal the dismissal, which this Court granted to resolve the meaning of “good faith” in SDCL 21-27-4.
- The habeas court adopted an objective standard, requiring nonfrivolous grounds for appointment of counsel.
- This Court addresses whether “good faith” under SDCL 21-27-4 is objective and whether the court abused its discretion in denying counsel.
- South Dakota affords greater protections than the federal scheme but has not previously defined “good faith” in this habeas context.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of good faith under SDCL 21-27-4 | Reed advocates a subjective standard for good faith. | Reed argues for nonfrivolous grounds as the trigger. | Objective standard adopted; not frivolous grounds needed. |
| Frivolousness as a condition for counsel | Reed contends some nonfrivolous claim warrants counsel. | Frivolous petitions need not receive counsel. | Petition must not be frivolous to warrant appointment. |
| Standard of review for denial of counsel | Petition denial should be scrutinized for abuse of discretion. | Habeas court’s denial should stand absent abuse. | Abuse of discretion standard governs review. |
| Relation to federal habeas procedures | Federal analogs support appointment when meritorious. | South Dakota may diverge with broader protections. | South Dakota provides more protection, but adopts objective good-faith standard. |
| Constitutional right to habeas counsel | Indigent prisoners have a right to counsel in habeas petitions. | No constitutional right to habeas counsel; statutory right exists. | Statutory right exists; appointment conditioned on good faith. |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (U.S. 1962) (adopted objective good faith for in forma pauperis)
- Sweeney v. Leapley, 487 N.W.2d 617 (S.D. 1992) (briefing procedure for appointed habeas counsel; Anders approach)
- Jackson v. Weber, 2001 S.D. 136, 637 N.W.2d 19 (S.D. 2001) (recognition of statutory, not constitutional, right to counsel)
- Clothier v. Solem, 444 N.W.2d 384 (S.D. 1989) (habeas petitioner not entitled to evidentiary hearing as matter of right)
- Cherry v. Cormier, 281 So.2d 99 (La. 1973) (appointment of counsel at evidentiary hearing; discussed special circumstances)
- Meade County Bd. v. B.W., 534 N.W.2d 595 (S.D. 1995) (definition of good faith not previously applied in 21-27-4 context)