331 NW2D 837 - Patino v. State

How this case has been cited

Cited by 9 later decisions — most recently September 2000

2 federal appellate · 7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

FOSHEIM, Chief Justice

¶1(dissenting).

¶2The majority affirms the order denying post-conviction relief without reference to the findings of fact and conclusions of law.

¶3Appellant raises two issues upon which the post-conviction relief court made no findings or conclusions: 1) whether he should get good time towards parole for the time he served as an indigent prior to incarceration in the penitentiary; and 2) whether the Warden must attempt to implement the sentencing judge’s transfer recommendation.

¶4If the post-conviction relief court does not make findings and conclusions on all issues raised by appellant, we have nothing to review. Our standard of review is whether those findings are clearly erroneous and whether they support the conclusions of law. Graham v. State, 328 N.W.2d 254 (S.D.1982); Gregory v. State, 325 N.W.2d 297 (S.D.1982); Spirit Track v. State, 272 N.W.2d 803 (S.D.1978); SDCL 23A-34-18; SDCL 15-6-52(a). Before this court can decide whether to affirm the order denying post-conviction relief, we must remand directing the post-conviction relief court to enter findings of fact and conclusions of law on these issues.