Moeller v. Solem

SABERS, Justice

(concurring specially).

Moeller was convicted in 1975 as an adult even though he was still a juvenile. He attacks the validity of his conviction because his transfer from juvenile to adult court was improper causing ithe adult court to be without jurisdiction. The State concedes that a valid transfer hearing was not held, but claims that the validity of those transfer proceedings is not properly before this court.

This invalid conviction has plagued Moel-ler since 1975. As indicated in the majority opinion, Moeller has previously challenged this conviction in a habeas corpus proceeding. We held that this appeal was moot also. Moeller v. Solem, 363 N.W.2d 412 (S.D.1985). Enough is enough! Even the State has an interest in cutting through this red tape. This Court should grant a writ of error coram nobis in accordance with Petition of Brockmueller, 374 N.W.2d 135 (S.D.1985).

HENDERSON, Justice

(concurring in result).

Under the issues of law presented by this appeal and by the precedent cited in the majority opinion, I must concur in the majority opinion.

However, I am constrained to express that I spiritually join Justice Sabers’ reference to Brockmueller; indeed, Brockmuel-ler is a vehicle' to correct wrong. See specially concurring opinion of Henderson, J., therein. A coram nobis petition existeth not. From whence, then, may such remedy now flow?