PROBATIONARY SEARCH: Probationer had no expectation of privacy in vehicle not owned by him in which he was a passenger, motion to suppress drug evidence found in glasses pouch properly denied. . . Hayworth affirmed. [Read more…]
DUI, circumstantial “reasonable interpretation”
DUI: Circumstantial “reasonable interpretation” instruction did not relieve State of burden in light of instructions as a whole. . . counsel costs improperly imposed on low-income Defendant. . . Ortley affirmed, reversed. [Read more…]
Dynamite instruction, rape Defendant
DYNAMITE INSTRUCTION properly given deadlocked jury. . . Norquay-Allen reaffirmed. . . rape conviction following prior deadlocked mistrial affirmed. . . Fagg affirmed. [Read more…]
Sentencing, fines, fees, surcharges, costs
SENTENCING: Fines, fees, surcharges, costs including $5,829 for defender properly imposed for felony DUI after “scrupulous & meticulous” examination of ability to pay… $15 surcharges for no insurance, driving on wrong side improperly included in judgment when not in pronouncement… 3 $10 technology fees improperly imposed when only 1 authorized per user… Haynes affirmed, reversed. [Read more…]
Deliberate homicide, intellectually disabled
DELIBERATE HOMICIDE: Intellectually disabled who kidnapped and murdered jogger properly found competent when he pled guilty, properly found to appreciate his behavior and able to conform to the law and thus not error to sentence to MSP rather than DPHHS, prison sentence not violative of cruel/unusual punishment… Simonton affirmed. [Read more…]
DUI, unwarranted community caretaker seizure
DUI: Seizure of person in vehicle with South Dakota plates legally parked in remote public campground on warm spring day not justified by community caretaker doctrine… DUI conviction reversed… Hayworth reversed (IOR I-3(c)). [Read more…]
Mental commitment, mandatory counsel
MENTAL COMMITMENT: Constitutionality of 119(1) mandatory counsel upheld… Christopher affirmed. [Read more…]
Sentencing, dismissed deferred imposition
SENTENCING: Mischaracterization of deferred imposition for disorderly conduct as a prior conviction did not violate due process as to privacy in communication sentence… Christopher affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, vehicle gun point
ASSAULT WITH WEAPON conviction affirmed as to passenger charged with pointing gun at driver of another car… Fagg affirmed. [Read more…]
Restitution, grain theft, failure to object
RESTITUTION challenge by grain thief waived by failure to object… Cybulski affirmed (IOR I-3(c)). [Read more…]
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