SD Supreme Court Affirms Dismissal of Habeas Corpus Petition

RELEASE FOR IMMEDIATE: Thursday, June 18, 2026

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley commends the South Dakota Supreme Court for its dismissal of a habeas corpus petition filed by Theodore Guzman. He is serving three consecutive life sentences and an additional 15-year sentence following his convictions for multiple counts of rape of a minor and sexual contact with a child.

The Court, in a ruling issued Thursday, upheld a lower court ruling that dismissed Guzman’s habeas application, which alleged ineffective assistance of counsel and actual innocence.

 “This decision reinforces an important principle of our justice system; while every defendant is entitled to pursue post-conviction relief, habeas corpus claims must be supported by facts, not speculation,” said Attorney General Jackley. “The South Dakota Supreme Court carefully examined the record and correctly concluded that the petitioner failed to establish a viable basis for relief.”

The Court rejected Guzman’s claim that his trial attorney was ineffective for failing to seek psychiatric evaluations of the victims. The Court concluded that the allegation was speculative and unsupported by facts showing such evaluations would have been warranted or would have changed the outcome of the trial.

Also rejected by the Court was Guzman’s claim that his attorney was ineffective for failing to seek dismissal based on an alleged violation of his constitutional right to a speedy trial. Applying the factors established by the United States Supreme Court, the Court determined that most of the delays in the case were attributable to the defense and that Guzman failed to demonstrate prejudice resulting from the delay.

Although the Court had authorized review of additional claims relating to cross-examination of witnesses and actual innocence based on newly discovered evidence, it concluded those issues had been abandoned because they were not properly presented and argued in Guzman’s appellate brief.

In addition to resolving Guzman’s claims, the Court clarified the legal standard governing motions to dismiss habeas corpus petitions. The Court held that habeas applications, like other civil pleadings, must satisfy a threshold of plausibility and that conclusory, speculative, or unsupported allegations are insufficient to proceed.

The Supreme Court affirmed the dismissal of Guzman’s petition in its entirety. The ruling can be found here: https://ujs.sd.gov/media/xa4nouhp/31001.pdf

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