851 N.W.2d 188
S.D.2014Background
- Woodard was charged with DUI in Brookings County, SD, with a supplemental information alleging a prior Clay County DUI on 2-24-2009 to enhance to a second offense.
- Woodard moved to strike the 2009 conviction, arguing the plea was not knowingly and voluntarily entered.
- Woodard testified about the 2009 arraignment: no counsel, she pled guilty, signed a rights form she had not previously seen, and was not canvassed about rights.
- The trial court denied the motion, finding the record supported regularity; Woodard was convicted of second offense DUI and sentenced to 90 days (82 suspended).
- On appeal, Woodard challenges the validity of the predicate conviction for sentence enhancement, framing it as a collateral attack on a prior plea.
- The SD Supreme Court applied a presumption of regularity to final judgments and held Woodard did not overcome it; the circuit court’s denial was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Transcript absence defeats validity? | Woodard argues no transcript means invalid plea. | State relies on presumption of regularity from a valid conviction. | No; presumption applies and absence of transcript alone does not defeat validity. |
| Whether Woodard overcome presumption of regularity with her testimony? | Woodard contends her account shows the plea was not knowingly/voluntarily entered. | State contends trial court credibility assessments support regularity. | Circuit court’s finding not clearly erroneous; presumption preserved. |
Key Cases Cited
- State v. Smith, 840 N.W.2d 117 (S.D. 2013) (collateral attack on predicate conviction; presumption of regularity applies)
- Moeller v. State, 511 N.W.2d 803 (S.D. 1994) (presumption of regularity when no transcript exists)
- Parke v. Raley, 506 U.S. 20 (U.S. Supreme Court 1992) (presumption of regularity for final judgments; limits on collateral attack)
- Boykin v. Alabama, 395 U.S. 238 (U.S. Supreme Court 1969) (guilty plea requires knowing, voluntary waiver of rights)
- Bradshaw v. Stumpf, 545 U.S. 175 (U.S. Supreme Court 2005) (standard for knowing, voluntary plea and rights waiver)
- Monette v. Weber, 771 N.W.2d 920 (S.D. 2009) (transcriptless plea; presumption considerations in collateral attack)