Phyle v. Leapley

491 N.W.2d 429, 1992 S.D. LEXIS 128, 1992 WL 217096
CourtSouth Dakota Supreme Court
DecidedSeptember 9, 1992
Docket17662
StatusPublished
Cited by28 cases

This text of 491 N.W.2d 429 (Phyle v. Leapley) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phyle v. Leapley, 491 N.W.2d 429, 1992 S.D. LEXIS 128, 1992 WL 217096 (S.D. 1992).

Opinions

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Tyrane E. Phyle (Phyle) was convicted of first degree robbery, as defined by SDCL 22-30-6. He later pleaded guilty to being a habitual offender, in violation of SDCL 22-7-8. Phyle appealed his conviction on the charge of first degree robbery. This Court in State v. Phyle, 444 N.W.2d 380 (S.D.1989) affirmed Phyle’s conviction.

On December 27, 1989, Phyle submitted an application for writ of habeas corpus to the Fifth Judicial Circuit Court. An amended petition was subsequently submitted. On March 8, 1991, the Honorable Eugene Dobberpuhl issued an initial writ of habeas corpus. An evidentiary hearing was held on May 31, 1991. On June 6, 1991, the court issued its memorandum decision concluding Phyle was not entitled to habeas corpus relief. On August 2, 1991, the circuit court entered findings of fact [432]*432and conclusions of law, holding that Phyle’s petition for habeas corpus relief was denied and the writ of habeas corpus quashed. Thereafter, Phyle filed his notice of appeal from said decision.

On appeal, Phyle raises the following issues:

I. Was Phyle denied effective assistance of counsel in the underlying first degree robbery trial, in violation of his constitutional rights?
II. Did the trial court properly accept Phyle’s guilty plea to the habitual offender charge?

FACTS PERTAINING TO THE HABEAS ACTION

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Phyle v. Leapley
491 N.W.2d 429 (South Dakota Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
491 N.W.2d 429, 1992 S.D. LEXIS 128, 1992 WL 217096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phyle-v-leapley-sd-1992.