Steiner v. Weber
2012 S.D. 40
S.D.2012Background
- Steiner pleaded guilty to sexual contact with a child in 2009 and received a 15-year sentence with eight years suspended; no appeal filed.
- Steiner hired counsel Beesley; counsel moved the case quickly with minimal pretrial proceedings.
- Steiner filed a habeas corpus petition in 2010 alleging ineffective assistance of counsel.
- Judge Davis dismissed the petition without an evidentiary hearing, ruling on the merits and procedural posture.
- Court reviews dismissal de novo when no evidence is received and the petition alleges colorable claims, requiring an evidentiary hearing on the merits if plausible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court properly dismissed the habeas petition without an evidentiary hearing | Steiner’s allegations are plausible and require fact-finding | State contends petition is bald/conclusory and should be dismissed | Dismissal reversed; evidentiary hearing required on the merits |
| Whether failure to advise about the corroboration rule constitutes ineffective assistance | Counsel’s omission may violate Strickland’s performance prong | Not stated as deficient performance in pleadings | Potential deficient performance; requires merits hearing to resolve |
| Whether prejudice prong is met in plea-related ineffectiveness claim | Failure to inform about corroboration could have affected plea choices | Evidence could have supported conviction notwithstanding rule | Prejudice unresolved without evidentiary hearing |
Key Cases Cited
- Jenner v. Dooley, 590 N.W.2d 463 (S.D. 1999) (habeas review limited; threshold plausibility standard for dismissal under 12(b)(5))
- State v. Best, 232 N.W.2d 447 (S.D. 1975) (corroboration rule in admissibility of extrajudicial confessions)
- State v. Thompson, 560 N.W.2d 535 (S.D. 1997) (corpus delicti must be proven; corroboration required)
- Owens v. Russell, 726 N.W.2d 610 (S.D. 2007) (prejudice inquiry in ineffective-assistance plea cases)
- Lafler v. Cooper, 132 S. Ct. 1376 (U.S. 2012) (Sixth Amendment right to counsel in plea bargaining)
- Missouri v. Frye, 132 S. Ct. 1399 (U.S. 2012) (counsel’s duty in plea negotiations; effective assistance at critical stages)
- Thompson v. State, 1997 S.D. 15, 560 N.W.2d 535 (S.D. 1997) (corpus delicti and sufficiency of corroborating evidence)
- State v. Best, 89 S.D. 227, 232 N.W.2d 447 (S.D. 1975) (corroboration requirement for admissibility)