Kleinsasser v. Weber

Summary

The Supreme Court of South Dakota affirmed the denial of Herman Kleinsasser’s habeas corpus petition. The court rejected his claims of ineffective assistance of counsel, breach of the plea agreement, and sentencing-court error concerning advisement of Boykin rights. The court held that counsel’s performance was not constitutionally deficient, the State’s sentencing recommendation complied with the plea agreement, and the restitution-related claim did not warrant relief.

Holdings

1. Kleinsasser failed to prove ineffective assistance of counsel because he did not establish constitutionally deficient performance or prejudice. In the plea context, he also failed to show gross error in counsel's recommendation or that, absent counsel's alleged errors, he would have rejected the plea and insisted on trial.
2. The State did not breach the plea agreement by recommending an eighty-year sentence. The agreement permitted a nonbinding sentencing recommendation of fifty to eighty years, and an eighty-year recommendation fell within that agreed range.
3. The State did not breach the plea agreement by requesting prosecution-related costs, and Kleinsasser was lawfully required to pay allowable costs of prosecution. Although the judgment incorrectly labeled the award as restitution to Sully County, the award was properly treated as costs of prosecution because the county was not a statutory victim entitled to restitution.
4. The sentencing court was not required to advise Kleinsasser of his Boykin rights or confirm the prior advisement at the sentencing hearing. The relevant duty to advise the defendant and establish a knowing and voluntary waiver arose when the guilty plea was entered.

Questions Presented

1. Whether trial counsel provided ineffective assistance by inadequately investigating the case, failing to develop defenses, recommending or negotiating the plea while Kleinsasser was allegedly impaired, and failing to seek withdrawal of the plea or object to the State's sentencing position.
2. Whether the State breached the plea agreement by recommending an eighty-year sentence and by requesting payment of prosecution-related costs.
3. Whether the sentencing court was required to advise Kleinsasser of or confirm his waiver of Boykin rights at the sentencing hearing.

Disposition

affirmed