State ex rel. Parker v. Jameson, No. 9380

CourtSupreme Court of South Dakota
Writing for the CourtLEEDOM
Citation61 N.W.2d 832,75 S.D. 196
PartiesSTATE ex rel. PARKER v. JAMESON.
Decision Date30 December 1953
Docket NumberNo. 9380

Page 832

61 N.W.2d 832
75 S.D. 196
STATE ex rel. PARKER
v.
JAMESON.
No. 9380.
Supreme Court of South Dakota.
Dec. 30, 1953.

[75 S.D. 197] Henry C. Mundt and Acie W. Matthews, Sioux Falls, for appellant.

Ralph A. Dunham, Atty. Gen., and E. D. Barron, Phil W. Saunders, Asst. Attys. Gen., for respondent.

LEEDOM, Judge.

In November 1950 the appellant in this proceeding was sentenced to life imprisonment on his plea of guilty in the circuit court of Brookings county to the charge of murder. In July 1952 he sought release from the state penitentiary by applying to the circuit court of Minnehaha county for a writ of habeas corpus. He stated in his application that at the time his life sentence was imposed he had been denied the right guaranteed by both the constitutions of the United States and of South Dakota to have the assistance of a competent lawyer and as a result thereof had not been advised of other constitutional rights guaranteed to persons charged with crime including the right to a jury trial and to have witnesses subpoenaed in his own behalf; he also alleged that he never intelligently or competently waived or surrendered such rights, that he was therefore denied due process of law, and that the circuit court of Brookings county was therefore wholly without power, authority or jurisdiction to enter the

Page 833

judgment imposing the sentence. The writ was issued and heard. The circuit court of Minnehaha county after hearing applicant's proof on all his claims denied his application in all respects and quashed the writ. We affirm the action of the circuit court.

The right of one accused of crime to have the aid of counsel is guaranteed by the fourteenth amendment to the constitution of the United States and by Article VI, Sec. 7, of the constitution of the State of South Dakota. One deprived of his liberty through violation of this right may make a collateral attack by writ of habeas corpus on the judgment imposing the prison sentence. Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461, 146 A.L.R. 357. The right to counsel is one of historical importance typically American and persistently adopted by the framers of the constitutions of the original colonies to correct a recognized deficiency in the common law of England as it then existed. Courts carefully protect the right and will not condone a perfunctory [75 S.D. 198] compliance through which an accused defendant is given the appearance of the help of a lawyer but is actually denied substantial aid. Powell v. State of Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158, 84 A.L.R. 527; and see State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731. The dignity attributed to the person in our form of government, that makes man dominant over the state, and from which principle inevitably flows the presumption of innocence when the individual is charged with a violation of the rules of conduct imposed by the state, requires that each person charged with a law violation not be denied the assistance necessary to properly present his side of the case. And a lawyer whether paid or not, whether unsympathetic and unbelieving in his client's case or not, whether the offense alleged is abhorrent or in high disfavor with the current public view or not, is bound by the ethics of his profession and our judicial system to present the cause of the deserving and the despicable defendant with equal zeal. Only thus can this right, written into our constitutions, be made a reality. Any other system would deny justice in a court of law and relegate judicial determination to mob rule or to the views of the lawyer whose function it is to honorably present his client's cause but not decide his...

To continue reading

Request your trial
17 practice notes
  • United States ex rel. Miner v. Erickson, No. 19977.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 5, 1970
    ...204, 8 N.W.2d 569, 570 (1943); State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731, 732 (1946); State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W. 2d 832, 833 (1953); State v. Hillerud, 76 S.D. 476, 81 N.W.2d 130, 131-132 (1957); State ex rel. Warner v. Jameson, 77 S.D. 340, 91 ......
  • Allen v. Radack, No. CIV77-5001.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • February 10, 1977
    ...supply an omission in it or establish an inconsistency within it, has a heavy burden in South Dakota. State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W.2d 832 This Court is thus faced with the task of attempting to fashion a standard of proof which will strike a balance between individua......
  • State v. Swallow, No. 15285
    • United States
    • Supreme Court of South Dakota
    • April 22, 1987
    ...defendant is given the appearance of the help of a lawyer but is actually denied substantial aid." State ex rel. Parker v. Jameson, 75 S.D. 196, 197-198, 61 N.W.2d 832, 833 (1953). Swallow's Sixth Amendment right to counsel should be given a broad not a narrow interpretation. Michigan v. Ja......
  • In re Parker, No. 19784.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 23, 1970
    ...of South 423 F.2d 1023 Dakota. On appeal the judgment of the Circuit Court of Minnehaha was affirmed. State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W.2d 832 (1953). Fifteen years later the petitioner sought relief in the federal district court. On December 18, 1968, a hearing was held ......
  • Request a trial to view additional results
17 cases
  • United States ex rel. Miner v. Erickson, No. 19977.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 5, 1970
    ...204, 8 N.W.2d 569, 570 (1943); State ex rel. Henning v. Jameson, 71 S.D. 144, 22 N.W.2d 731, 732 (1946); State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W. 2d 832, 833 (1953); State v. Hillerud, 76 S.D. 476, 81 N.W.2d 130, 131-132 (1957); State ex rel. Warner v. Jameson, 77 S.D. 340, 91 ......
  • Allen v. Radack, No. CIV77-5001.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • February 10, 1977
    ...supply an omission in it or establish an inconsistency within it, has a heavy burden in South Dakota. State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W.2d 832 This Court is thus faced with the task of attempting to fashion a standard of proof which will strike a balance between individua......
  • State v. Swallow, No. 15285
    • United States
    • Supreme Court of South Dakota
    • April 22, 1987
    ...defendant is given the appearance of the help of a lawyer but is actually denied substantial aid." State ex rel. Parker v. Jameson, 75 S.D. 196, 197-198, 61 N.W.2d 832, 833 (1953). Swallow's Sixth Amendment right to counsel should be given a broad not a narrow interpretation. Michigan v. Ja......
  • In re Parker, No. 19784.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 23, 1970
    ...of South 423 F.2d 1023 Dakota. On appeal the judgment of the Circuit Court of Minnehaha was affirmed. State ex rel. Parker v. Jameson, 75 S.D. 196, 61 N.W.2d 832 (1953). Fifteen years later the petitioner sought relief in the federal district court. On December 18, 1968, a hearing was held ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT