Justia South Dakota Supreme Court Opinion Summaries

Defendant, who was serving a life sentence in the South Dakota Penitentiary when he and another inmate assaulted a correctional officer, pled guilty to first-degree murder of the officer. Defendant waived his right to a jury determination of the appropriate sentence. After a pre-sentence hearing, the circuit court sentenced Defendant to death. Defendant appealed his sentence. The Supreme Court affirmed in all respects with one exception, holding (1) in selecting a sentence, the circuit court violated Defendant's right to be free from self-incrimination by improperly considering statements made by Defendant to a psychiatrist during a competency evaluation; and (2) the use of this statement was not harmless beyond a reasonable doubt. Remanded to the circuit court to conduct a sentencing without this error. View "State v. Berget" on Justia Law

After a jury trial, Defendant was convicted of second-degree rape. Defendant appealed a number of issues involving hearsay and the denial of a requested jury instruction, a Batson challenge, and an objection regarding the State's use of the word "rape" during trial. The Supreme Court affirmed, holding (1) Defendant's challenges to testimony admitted at trial were either not preserved for appeal or were without merit; (2) the instructions that were given to the jury accurately stated the law and were not prejudicial to Defendant; (3) the trial court correctly denied Defendant's Batson challenge to the State's peremptory strike of a juror; and (4) the trial court did not abuse its discretion in denying Defendant's objection to the use of the word "rape" during trial. View "State v. Roach" on Justia Law

Defendant was charged separately with DUI and distribution of a controlled substance. A plea agreement was reached in both cases. The state's attorney's office agreed to recommend that the DUI sentence run concurrent to the sentence imposed for the distribution charge. At Defendant's sentencing hearing, the attorney general's office initially argued against running the sentences concurrently. The assistant attorney general, however, when made aware of the plea agreement, withdrew his argument against concurrent sentences. The circuit court sentenced Defendant to six years for the DUI and five years for the distribution charge, the sentences to be served consecutively. Defendant appealed, arguing that the State breached the plea agreement by initially arguing against concurrent sentences. The Supreme Court affirmed the sentences because Defendant did not contemporaneously object to the alleged violation of the plea agreement and because Defendant did not establish that the error caused him prejudice. View "State v. Olvera" on Justia Law

Defendant was charged with and found guilty of aggravated child abuse. The charges stemmed from the bruising found on the face of Defendant's fiancee's daughter, six-year-old K.N., while K.N. was at school. Defendant appealed, arguing that the verdict was not sustained by the evidence. The Supreme Court affirmed the conviction, holding that there was sufficient evidence to support Defendant's conviction beyond a reasonable doubt, as evidence was presented from which the jury could find that Defendant's grabbing and squeezing of K.N.'s face were enough to cause extensive bruising across K.N.'s face and neck and a subconjunctival hemorrhage in one of her eyes, and that Defendant's actions were not permissible discipline. View "State v. Morgan" on Justia Law

Defendant was convicted of arson in connection with a fire in her apartment. Defendant appealed, arguing that the circuit court abused its discretion in denying her motions for judgment of acquittal and new trial based on a claim of ineffective assistance of trial counsel and by excluding an out-of-court statement made by her estranged sister. The Supreme Court affirmed, holding (1) because the existing court record did not establish a manifest usurpation of Defendant's constitutional rights, her ineffective assistance of counsel claim was not ripe for review; and (2) the out-of-court statement was inadmissible hearsay, and therefore, the district court did not abuse its discretion in excluding the statement. View "State v. Hannemann" on Justia Law

Pursuant to a plea agreement, Defendant pleaded guilty but mentally ill to ten counts of grand theft. Defendant filed a motion to withdraw her guilty but mentally ill pleas prior to sentencing. The circuit court denied the motion. The Supreme Court affirmed, holding (1) the circuit court did not abuse its discretion in denying Defendant's motion to withdraw her pleas of guilty but mentally ill; (2) Defendant's due process rights were not violated when she was denied the opportunity to review and comment on the entire presentence investigation report prior to sentencing; (3) Defendant's claim that she was denied the effective assistance of counsel was not ripe for review on direct appeal; and (4) Defendant's sentence was not cruel and unusual punishment under the Eighth Amendment. View "State v. Schmidt" on Justia Law

Following a jury trial, Defendant was convicted of malicious intimidation or harassment, first-degree burglary, disorderly conduct, and commission of a felony while armed with a firearm for an incident in which Defendant and Robert Anderson entered the home of Summer Neuman and caused a ruckus. The Supreme Court reversed, holding (1) the trial court did not err in denying Defendant's motion for judgment of acquittal on his conviction of commission of a felony while armed with a firearm; but (2) the trial court committed a prejudicial error by precluding Defendant from introducing evidence regarding Anderson's suspicion that individuals residing in Neuman's house had stolen tires from Anderson and committed other thefts, as the court's ruling excluded relevant evidence of Defendant and Anderson's intent. View "State v. Jucht" on Justia Law

George J. Caruso was convicted of simple assault and sentenced to 360 days in the Meade County Jail. He sought bail pending appeal, but the motion was denied. Caruso appealed the denial of bond asserting that the trial court abused its discretion in denying his motion. Upon review, the Supreme Court found that the trial court discussed the statutory factors, made findings of fact regarding each factor, and provided reasons for denying the motion. In particular, the court found that as a resident of Massachusetts, Caruso was more of a flight risk following sentencing because he was convicted and sentenced to 360 days in jail. Thus, the court reasoned, Caruso was no longer holding out hope for a lighter sentence and would be less inclined to appear for sentencing. The trial court’s findings of fact were supported by the record and accordingly were not clearly erroneous. Accordingly, the Court concluded the trial court did not abuse its discretion in refusing bail pending the outcome of the appeal. View "South Dakota v. Caruso" on Justia Law

Defendant Eric Robert pled guilty to first-degree murder for the death of penitentiary guard Ronald Johnson, a 23-year veteran correctional officer at the South Dakota State Penitentiary in Sioux Falls. Defendant waived his right to a jury’s determination of whether the death sentence would be imposed. The circuit court conducted a pre-sentence hearing and imposed the death penalty. Subsequent to pleading guilty, Defendant consistently sought imposition of the death penalty and that the execution be expedited. Even though he waived his right to appeal the death sentence, the Supreme Court was statutorily mandated to conduct a review of the sentence. Upon review, the Court found that the circuit court did not base its sentencing decision on any passion, prejudice, or any other arbitrary factor. The evidence supported the aggravating circumstances found by the circuit court, and the death sentence was neither disproportionate nor excessive when compared to other South Dakota cases in which a capital sentencing phase was conducted. The death sentence was affirmed, and the case remanded to the circuit court for entry of a warrant of execution. View "South Dakota v. Robert" on Justia Law

Plaintiffs-Appellants Wayne and Sandra Masloskie sued real estate agent G. Pat Baldwin and Century 21 American Real Estate Inc. on a number of causes of action including actual fraud. Baldwin and Century 21 moved for summary judgment, arguing that all causes of action were barred by statutes of limitation governing realtor malpractice. The circuit court granted summary judgment dismissing all claims. Plaintiffs appealed the dismissal of their cause of action for fraud. Because that cause of action was subject to a longer statute of limitations, the Supreme Court reversed and remanded that portion of the judgment. View "Masloskie v. Century 21 American Real Estate, Inc." on Justia Law