Habeas Corpus Limits
Air Date:01/24/2012
The State Senate passed a bill that puts limits on habeas corpus claims in South Dakota. Currently convicts have five years and unlimited tries to make the claim that the court ordering the detention made a legal or factual error, and they've been imprisoned unlawfully. Senate Bill 42 changes statute to allow for only one habeas corpus attempt, and it must be done within two years of the day a judgment becomes final. The limits don't apply if new evidence is found, or there are changes to the constitution. Senator Craig Tieszen of Rapid City spoke in favor of the bill.
"In my view it provides more than significant protection for the accused killer, the convicted killer, but it also provides some finality and some protections for victims and the families of victims," Tieszen says.
Opponents say the bill goes too far and restricts rights. The Senate passed the bill by a vote of 30 to four. It now goes to a House committee.
By Jenifer Jones
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