No. 23-6640

Garland Ray Gregory, Jr. v. South Dakota

Lower Court: South Dakota
Docketed: 2024-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment-claim collateral-estoppel constitutional-violation coram-nobis cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel judicial-discretion procedural-error res-judicata
Latest Conference: 2024-03-15
Question Presented (from Petition)

Did South Dakota Supreme Court abuse its discretion, affirming South Dakota Fourth
Judicial Circuit Court 's dismissal of Petitioner 's Petition For Writ Of Error Coram Nobis,
bringing Fifth, Sixth, Eighth, and Fourteenth Amendment violation claims, holding:
'barred by res judicata and collateral estoppel, error in an indictment or information
inadequate to merit relief under coram nobis;
petitioner suffered no prejudice to a substantial right in State Supreme Court 's failure to
1 2 conclude the law on its finding petitioner met the statutory burden of proof on a
constitutionally invalid plea;
Gregory v. State, 353 N.W.2d 777 (S.D. 1984) not overturned by later South Dakota
Supreme Court decisions;
coram nobis does not cover issues of cruel and unusual punishment for petitioner being
imprisoned in excess of the maximum penalty for his felony class conviction '?

Question Presented (AI Summary)

Did the South Dakota Supreme Court abuse its discretion in dismissing the petitioner's writ of error coram nobis?

Docket Entries

2024-03-18
Petition DENIED.
2024-02-22
DISTRIBUTED for Conference of 3/15/2024.
2024-02-15
Waiver of right of respondent South Dakota to respond filed.
2024-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)

Attorneys

Garland R. Gregory, Jr.
Garland Ray Gregory, Jr. — Petitioner
South Dakota
Sarah Lynn ThorneSouth Dakota Office of the Attorney General, Respondent