State v. Samuel Wayne Boston
Boston was convicted on May 3, 2002, of Second Degree Felony Murder while engaged in the commission of sexual contact with a person incapable of consenting. His victim was Richard Gitter. Boston was sentenced to a mandatory sentence of life in prison without the possiblity of parole on May 7, 2002.
The S.D. Supreme Court upheld Boston's conviction in a unanimous decision issued on June 11, 2003.
Sam Boston filed a petition for Habeas Corpus relief in the State Circuit Court claiming, among other things, that his attorneys were ineffective.
A hearing was held on July 22, 2004, in circuit court on Boston’s habeas corpus petition. After hearing testimony and reviewing the evidence and arguments presented by the parties, the court rejected all of Boston’s arguments and denied his petition. Both the circuit court and the S.D. Supreme Court also denied Boston's request for a certificate of probable cause, finding that no appealable issue exists.
Last Updated: July 18, 2005