[DOWNLOAD] "Donna Oien Jones v. State South Dakota" by Supreme Court of South Dakota * Book PDF Kindle ePub Free
eBook details
- Title: Donna Oien Jones v. State South Dakota
- Author : Supreme Court of South Dakota
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
DUNN, Justice. This is an appeal from an order denying post-conviction relief. We reverse and remand. Donna Oien Jones was tried before a jury and found guilty of aiding and abetting in the distribution of LSD. The trial court sentenced Jones to ten years in the state penitentiary and a $10,000 fine. Upon the advice of her attorney, Jones did not directly appeal the conviction to this court. She did, however, prior to the repeal of SDCL 23A-34, file a petition for post-conviction relief; the petition alleged inadequate assistance of counsel at her trial. The post-conviction court denied the petition, finding that Jones had waived her right to effective assistance of counsel; as a result of that finding, the court decided not to fully address the question of whether or not defense counsel was competent. A certificate of probable cause that an appealable issue exists was granted by the post-conviction court. On appeal, Jones urges that there is no evidence to support the finding of a waiver of her right to effective assistance of counsel, and that in fact, her counsel was inadequate.
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