Justia Criminal Law Opinion Summaries

Richard Hillyer, an inmate at the Pennington County Jail, was convicted of possessing a weapon, specifically an altered razor blade, in violation of SDCL 24-11-47(3). Hillyer had checked out a jail-issued razor, removed the blade, broke it in half, and concealed one half in his mouth while flushing the other half. He claimed he kept the blade to cut himself to relieve anxiety, not to harm others. Jail staff discovered the blade after Hillyer admitted to possessing it and handed it over to Sergeant James Hogue.The Circuit Court of the Seventh Judicial Circuit, Pennington County, South Dakota, presided over Hillyer's trial. The jury found him guilty of the felony charge. Hillyer appealed, arguing that the court erred by rejecting his lesser-included offense instruction, denying his motion for judgment of acquittal due to insufficient evidence, and refusing to instruct the jury not to consider hypothetical uses of the razor blade. He also claimed that the cumulative effect of these errors deprived him of a fair trial.The Supreme Court of the State of South Dakota reviewed the case. The court held that the lesser-included offense instruction was correctly denied because the elements of the lesser offense were not a subset of the greater offense. The court found sufficient evidence to support the jury's verdict, noting that the razor blade could be considered a weapon as defined by law. The court also ruled that the trial court did not abuse its discretion in referring the jury to the existing instructions when they asked about hypothetical uses of the razor blade. The court affirmed the conviction, concluding that Hillyer received a fair trial. View "State v. Hillyer" on Justia Law

Isaiah Rouse was convicted of three counts of aggravated assault against law enforcement officers and one count of threatening a law enforcement officer. The incidents occurred while Rouse was in custody at Hughes County Jail. On January 13, 2023, Rouse threatened to stab a correctional officer if he did not receive his medication. When officers attempted to control the situation, Rouse refused to comply, made further threats, and held a sharpened pencil in a menacing manner. On February 25, 2023, Rouse threatened another officer, stating he would stab him upon release from jail.The Circuit Court of the Sixth Judicial Circuit denied Rouse's motion to dismiss the indictment for violating the 180-day rule, excluded certain days from the calculation, and denied his motion for judgment of acquittal. The court allowed the State to introduce evidence that Rouse was in jail for a prior aggravated assault involving a stabbing, which the court deemed relevant to show the officers' fear and Rouse's intent. The jury found Rouse guilty on all counts.The Supreme Court of South Dakota reviewed the case. The court affirmed the lower court's decision in part, reversed in part, and remanded for a new trial on the aggravated assault counts. The court held that the evidence of Rouse's prior aggravated assault was improperly admitted as it was not res gestae and did not meet the criteria for other acts evidence under SDCL 19-19-404(b). The court found that this error was prejudicial, as it could have influenced the jury's decision. The court also addressed the jury instructions, finding no abuse of discretion in the instructions given. The case was remanded for a new trial on the aggravated assault charges, while the conviction for threatening a law enforcement officer was upheld. View "State v. Rouse" on Justia Law

Nathan Parris was taken into protective custody by law enforcement after making suicidal statements and exhibiting concerning behavior. Officers searched him before transporting him to the hospital for a mental health evaluation and found a small, closed container in his pocket, which contained methamphetamine. Parris was charged with possession of a controlled substance and moved to suppress the drug evidence, arguing that the search of the container was impermissible.The Circuit Court of the Seventh Judicial Circuit in Pennington County, South Dakota, denied Parris's motion to suppress, finding that the officers had probable cause to take him into protective custody and that the search of the container was permissible. Parris was found guilty of possession of a controlled substance in a court trial based on stipulated facts.The Supreme Court of the State of South Dakota reviewed the case. The court held that the officers had probable cause to believe that Parris required emergency intervention due to his suicidal statements, emotional distress, and possession of a loaded handgun. The court also held that the search of the closed container was a reasonable administrative step to ensure the safety of Parris, the officers, and the facility, and was not conducted as part of a criminal investigation. Therefore, the search did not violate the Fourth Amendment.The Supreme Court affirmed the circuit court's decision, upholding Parris's conviction for possession of a controlled substance. View "State v. Parris" on Justia Law

Sammy Shepley, acting pro se, pled no contest to failing to provide notice of a new address as a registered sex offender and admitted to being a habitual offender. He was sentenced to a suspended five-year penitentiary term with two years of probation. Shepley appealed, arguing that the circuit court failed to adequately advise him of the risks of self-representation and abused its discretion by denying his request for substitute counsel.The Circuit Court of the Sixth Judicial Circuit in Hughes County initially appointed attorney Katie Thompson to represent Shepley, but she withdrew due to a breakdown in the attorney-client relationship. Attorney Cody Honeywell was then appointed but also withdrew after Shepley expressed a desire to represent himself. The court allowed Shepley to proceed pro se with Honeywell as standby counsel. Shepley later negotiated a plea agreement directly with the State, resulting in a no contest plea and an admission to the habitual offender charge.The Supreme Court of the State of South Dakota reviewed the case. The court found that the circuit court had adequately informed Shepley of the risks of self-representation, noting that Shepley had extensive experience with the criminal justice system and had been informed of the nature of the charges, his right to counsel, and the potential penalties. The court also determined that Shepley’s request to represent himself was unequivocal and that he had not made a formal request for substitute counsel after Honeywell’s withdrawal.The Supreme Court held that Shepley’s waiver of his right to counsel was knowing, voluntary, and intelligent. The court affirmed the circuit court’s decision, concluding that there was no abuse of discretion in allowing Shepley to represent himself and in not appointing substitute counsel. View "State v. Shepley" on Justia Law

On October 21, 2021, Officers Nicholas Stevens and Jason Purkapile of the Sioux Falls Police Department stopped a vehicle with an inoperable brake light. The driver, Lee Martin Holy, provided a North Dakota driver’s license but no proof of insurance. Officer Stevens returned to his patrol car to run routine checks and issue a warning ticket. Meanwhile, Officer Purkapile engaged in conversation with Holy’s grandfather, the passenger, and initiated a warrant check on him. When Officer Stevens returned to Holy’s vehicle, he asked about contraband and requested to search the car. Holy admitted to having marijuana and a medical cannabis card. A subsequent search revealed a methamphetamine pipe and methamphetamine, leading to Holy’s arrest.The Circuit Court of the Second Judicial Circuit in Minnehaha County denied Holy’s motion to suppress the evidence, concluding that the stop was not unreasonably extended by the interdiction questions. The court found that the duration of the stop was not unduly prolonged and that the warrant check on Holy’s grandfather was still pending when Holy admitted to possessing marijuana. Holy was found guilty of possession of a controlled substance and drug paraphernalia based on stipulated facts and was sentenced to supervised probation and court costs.The Supreme Court of the State of South Dakota reviewed the case and affirmed the circuit court’s decision. The court held that the interdiction questions did not extend the length of the stop beyond the time necessary to complete the mission, as the warrant check on the passenger was still pending. The court did not address whether a routine warrant check for a passenger is permissible under the Fourth Amendment, leaving that determination for another case. View "State v. Holy" on Justia Law

Chad Martin was indicted on multiple felony and misdemeanor charges following a high-speed chase during which he struck another vehicle, injuring one of its occupants. Martin pleaded guilty to one count of vehicular battery and one count of aggravated eluding. He also admitted to a part II habitual offender information. The circuit court sentenced Martin to twenty years in the state penitentiary with eight years suspended on the vehicular battery conviction and imposed a suspended two-year sentence on the aggravated eluding conviction. Martin appealed, claiming the circuit court abused its discretion by considering uncharged conduct at sentencing.The Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, reviewed the case. The court considered the police reports and Martin's conflicting accounts of how he came to possess the stolen vehicle. The court noted Martin's extensive criminal history, substance abuse, and the circumstances of the high-speed chase. The court sentenced Martin to twenty years in the state penitentiary with eight years suspended on the vehicular battery conviction and a suspended two-year sentence on the aggravated eluding conviction, to run concurrently but consecutively to a prior sentence for which Martin was on parole.The Supreme Court of the State of South Dakota reviewed the case. The court held that the circuit court did not abuse its discretion by considering uncharged conduct at sentencing without making explicit findings. The court found that the circuit court appropriately considered multiple sentencing factors beyond the uncharged conduct, reflecting a proper exercise of its discretion. The Supreme Court affirmed the circuit court's decision. View "State v. Martin" on Justia Law

Steven Tuopeh and Jeff Pour were involved in an altercation with Christopher Mousseaux near the Red Sea Pub in Sioux Falls, South Dakota. Mousseaux, who appeared intoxicated, swung at Tuopeh and Pour, then retreated. Tuopeh and Pour chased Mousseaux, who fell, and they proceeded to beat him. Mousseaux died from blunt force trauma. Tuopeh was charged with second-degree murder and first-degree manslaughter. Pour entered a plea bargain and was sentenced separately.The Circuit Court of the Second Judicial Circuit in Minnehaha County denied Tuopeh’s motion for statutory immunity based on self-defense, finding the State rebutted his claim by clear and convincing evidence. The court also denied Tuopeh’s motion for judgment of acquittal and several of his proposed jury instructions. The jury found Tuopeh guilty of both second-degree murder and first-degree manslaughter. The court vacated the manslaughter conviction to avoid double jeopardy and sentenced Tuopeh to life in prison for second-degree murder.The Supreme Court of the State of South Dakota reviewed the case. The court held that the circuit court did not abuse its discretion in denying the alternative counts instruction, as the jury could consider multiple counts and the court could address double jeopardy concerns post-verdict. The court also found no error in the circuit court’s handling of witness Robinson’s refusal to testify, the admission of certain evidence, and the denial of Tuopeh’s motion for acquittal. The court affirmed the circuit court’s rulings and Tuopeh’s conviction and sentence. View "State v. Tuopeh" on Justia Law

Dreau Rogers was convicted by a jury of second-degree murder for the death of his wife, Destiny Rogers, and several other offenses. Rogers claimed that a third party, Donovan Derrek, was the actual perpetrator. Rogers appealed, arguing that the circuit court erred in denying his motion for judgment of acquittal and in failing to give a spoliation instruction due to the State's handling of Derrek's phone, which was returned to Derrek and subsequently destroyed.The Circuit Court of the Fourth Judicial Circuit in Lawrence County, South Dakota, denied Rogers's motion for judgment of acquittal, finding sufficient evidence to support the jury's verdict. The court noted that the forensic evidence, including DNA and gunshot residue, supported the conclusion that Rogers, not Derrek, was the shooter. The court also found that Derrek's alibi was corroborated by text messages and testimony, and that Rogers's inconsistent statements and prior threats against Destiny further supported the conviction.The Supreme Court of South Dakota reviewed the case and affirmed the lower court's decision. The court held that the evidence was sufficient to support the conviction of second-degree murder and related charges. The court also found that the State did not violate Rogers's due process rights by returning Derrek's phone, as there was no evidence of bad faith by law enforcement. The court concluded that the circuit court did not abuse its discretion in denying Rogers's request for a spoliation instruction, as the record did not support a finding of intentional destruction of evidence by the State.The Supreme Court of South Dakota affirmed the circuit court's rulings, upholding Rogers's convictions and sentences. View "State v. Rogers" on Justia Law

Lydelle Turner was indicted on multiple counts following a drive-by shooting in Sioux Falls. He filed several motions, including a motion to suppress, a motion to dismiss, a motion for judgment of acquittal, and a motion for a new trial, all of which were denied by the circuit court. Turner objected to the introduction of a screenshot photograph from a traffic camera video, but the court overruled this objection. The court also rejected three jury instructions proposed by Turner. Turner appealed these decisions.The circuit court denied Turner’s motion to suppress Driver’s identification, finding the identification procedure suggestive but necessary under the circumstances. The court also denied Turner’s motion to dismiss based on the late disclosure of a ballistics report, instead granting a continuance to allow Turner time to prepare. The court admitted the Milestone photograph into evidence, despite Turner’s objections regarding foundation and hearsay. Turner’s motion for judgment of acquittal was denied, with the court interpreting SDCL 22-14-20 as not requiring the State to prove that the vehicles were occupied at the time of the shooting. The court also denied Turner’s proposed jury instructions related to eyewitness identification and the interpretation of SDCL 22-14-20.The Supreme Court of South Dakota affirmed the circuit court’s decisions. It held that the show-up identification was necessary and reliable, the continuance was an appropriate remedy for the late disclosure of the ballistics report, and the admission of the Milestone photograph, though an abuse of discretion, was not prejudicial. The court also upheld the denial of Turner’s motion for judgment of acquittal and his proposed jury instructions, finding no abuse of discretion. Finally, the court found no due process violation in the handling of the Milestone video and Flores’ testimony, affirming the denial of Turner’s motion for a new trial. View "State v. Turner" on Justia Law

Donika Rae Gonzales was convicted in 2014 by a jury of first-degree manslaughter and aggravated assault for beating her boyfriend’s four-year-old son to death. Gonzales filed a petition for a writ of habeas corpus, arguing that the jury district, which included residents from both Brule and Buffalo Counties, diluted the percentage of prospective Native American jurors, violating her constitutional rights. She also claimed ineffective assistance of counsel for her attorney’s failure to introduce certain evidence at trial. The habeas court found that the jury district violated both federal and state constitutions and reversed her conviction without addressing the ineffective assistance claims.The Circuit Court of the First Judicial Circuit initially sent jury questionnaires to only Buffalo County residents, but due to an inadequate number of responses, included Brule County residents as well, based on a 2011 standing order. Gonzales agreed to hold the trial in Brule County and use a combined jury pool from both counties. The jury pool consisted of 236 jurors, with 22% Native American representation, compared to 29% in the combined population of the two counties. Gonzales appealed her conviction, but it was summarily affirmed by the South Dakota Supreme Court in 2016.The South Dakota Supreme Court reviewed the case and reversed the habeas court’s decision. The court held that the use of a jury district comprising Buffalo and Brule Counties did not violate the South Dakota Constitution’s requirement for a trial by a jury of the “county or district” where the offense occurred. The court also found that Gonzales failed to establish a violation of the Sixth Amendment’s fair cross-section requirement, as the absolute disparity in Native American representation was only 7%, below the constitutional threshold. Consequently, Gonzales’ ineffective assistance claims were also deemed without merit, and the order granting habeas relief was vacated. View "Gonzales v. Markland" on Justia Law