State v. Strong

• Decision Date: 22 February 2022
• Docket Number: #29713, #29714
• Citation: 971 N.W.2d 906 (Table)
• Parties: STATE of South Dakota, Plaintiff and Appellee, v. Thomas Richard STRONG, Defendant and Appellant.
• Court: South Dakota Supreme Court

971 N.W.2d 906 (Table)

STATE of South Dakota, Plaintiff and Appellee,

v.Thomas Richard STRONG, Defendant and Appellant.

#29713, #29714

Supreme Court of South Dakota.

Filed February 22, 2022

ORDER DIRECTING ISSUANCE OF JUDGMENT OF AFFIRMANCE

Steven R. Jansen, Chief Justice

The Court having considered the briefs filed in the above-entitled matter, together with the appeal record, and concluded pursuant to SDCL 15-26A-87.1(A), that it is manifest on the face of the briefs and the record that the appeal is without merit on the ground that the issues on appeal are clearly controlled by settled South Dakota law or federal law binding upon the states ( SDCL 15-26A-87.1(A) (1) ), now, therefore, it is

ORDERED that a judgment affirming the Judgments of the circuit court be entered forthwith.

The Court declines to consider the merits of Appellant's ineffective assistance of counsel claim(s) because the record on direct appeal does not afford an adequate basis to review the performance of trial counsel [(See State v. Vortherms, 2020 S.D. 67, ¶ 30, 952 N.W.2d 113, 120 ).]

PARTICIPATING: Chief Justice Steven R. Jensen and Justices Janine M. Kern, Mark E. Salter, Patricia J, DeVaney and Scott P. Myren.