United States District Court, D. South Dakota, Western Division
JEFFBEY L. VIKEN UNITED STATES DISTRICT JUDGE
Randy Rindahl filed a petition for habeas corpus pursuant to
28 U.S.C. Â§ 2254 ("2254 Petition"). (Docket 1).
Respondent Darin Young filed .a motion to dismiss
petitioner's 2254 Petition. (Docket 11). Pursuant to a
standing order of April 1, 2018, the matter was referred to
United States Magistrate Judge Daneta Wollmann pursuant to 28
U.S.C. Â§ 636(b)(1)(B) for a report and recommendation
("R&R"). The magistrate judge recommended the
court dismiss with prejudice petitioner's 2254 Petition
as untimely. (Docket 15 at p. 9). Mr. Rindahl timely filed
objections to the R&R. (Docket 16). For the reasons set
forth below, the court overrules Mr. Rindahl's objections
and adopts the R&R.
court reviews de novo those portions of the R&R which are
the subject of objections. Thompson v. Nix, 897 F.2d
356, 357-58 (8th Cir. 1990); 28 U.S.C. § 636(b)(1). The
court may then "accept, reject, or modify, in whole or
in part, the findings or recommendations made by the
magistrate judge." 28 U.S.C. § 636(b)(1).
Rindahl asserts four objections to the R&R. Those are
summarized as follows:
1. The state court did not have the statutory authority to
enter into a plea agreement in his criminal case;
2. The State of South Dakota lacked jurisdiction to prosecute
3. The state court imposed an illegal sentence; and 4. The
state court improperly rejected Mr. Rindahl's second
petition for a writ of habeas corpus.
objections will be separately addressed.
Rindahl did not object to the factual findings made by the
magistrate judge. The court adopts the factual findings
stated in the R&R. A short summary of those facts is
presented here to put Mr. Rindahl's objections into
December 16, 1988, Mr. Rindahl entered into a plea agreement
with the Pennington County States Attorney and he entered a
plea of guilty to Count II, First Degree Manslaughter, and
Count III, Aggravated Assault. (Docket 15 at p. 1)
(referencing Dockets 13-1 and 13-2). On January 16, 1989, Mr.
Rindahl was sentenced by the Circuit Court Judge John K.
Konenkamp of the Seventh Judicial Circuit, Pennington County,
South Dakota, to serve 75 years on Count I and 15 years on
Count II in the South Dakota State Penitentiary. Id.
at pp. 1-2 (referencing Dockets 13-1 and 13-2). Judge
Konenkamp ordered the sentence to be served consecutively.
Id. at p. 2 (referencing Docket 13-2).
Rindahl filed a motion for modification of the sentence on
February 14, 1989. Id. at p. 2 (referencing Docket
13-3). On February 16, 1989, the court denied the motion.
Id., (referencing Docket 13-4). On October 25, 1989,
the South Dakota Supreme Court affirmed the judgment of the
circuit court. Id. (referencing State v.
Rindahl, 449 N.W.2d 844 (S.D. 1989)).
January 25, 2012, Mr. Rindahl filed a petition for writ of
habeas corpus in state court. Id. (referencing
Dockets 13-5 and 13-6). On February 8, 2012, a different
state court judge dismissed the petition with prejudice.
Id. (referencing Docket 13-7). Based on the 22-year
delay, the state judge denied a certificate of probable cause
pursuant to S.D.C.L. § 21-27-18.1. (Docket 13-7). On
August 14, 2018, Mr. Rindahl filed a second state petition
for writ of habeas corpus. Id. (referencing Docket
13-8). The second petition was returned by the state court on
August 24, 2018, ...