PIERRE, S.D. – The South Dakota Supreme Court has upheld the dismissal of a habeas corpus petition filed by Theodore Guzman, a Rapid City man serving three consecutive life sentences for the rape and sexual abuse of three minors.

The high court’s ruling affirms a lower court decision to dismiss Guzman’s application for post-conviction relief, which had alleged ineffective assistance of counsel and actual innocence.

South Dakota Attorney General Marty Jackley commended the high court’s decision.

“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,” Jackley said. “The South Dakota Supreme Court carefully examined the record and correctly concluded that the petitioner failed to establish a viable basis for relief.”

Guzman was convicted by a jury in Rapid City on three counts of first-degree rape and one count of sexual contact with a minor. Prosecutors stated the assaults occurred between January 2015 and December 2017. The victims were young girls who were 12, 9 to 10, and 5 years old at the time of the offenses. Seventh Circuit Court Judge Robert Mandel ordered the three life terms and an additional 15-year sentence to be served consecutively at the South Dakota State Penitentiary.(KOTA)

In his appeal, Guzman argued his defense attorney was ineffective for failing to request psychiatric evaluations of the victims. The Supreme Court rejected this claim, ruling the allegation was speculative and lacked factual support showing such evaluations were warranted or would have altered the trial outcome.

The court also rejected Guzman’s claim that his attorney failed to seek a dismissal based on an alleged violation of his constitutional right to a speedy trial. Applying federal standards, the court determined that most of the delays in the Rapid City case were attributable to the defense and that Guzman failed to demonstrate prejudice.

In addition to resolving the specifics of the Rapid City case, the Supreme Court clarified the legal standard governing motions to dismiss habeas corpus petitions. The court held that habeas applications must satisfy a threshold of plausibility, noting that conclusory, speculative, or unsupported allegations are insufficient to proceed.