Justia Criminal Law Opinion Summaries

The Supreme Court affirmed the ruling of the circuit court affirming the decision of the South Dakota Board of Pardons and Paroles affirming the South Dakota Department of Correction's (Department) calculations of Appellant's parole eligibility for his two sentences under the parole grid in S.D. Codified Laws 24-15A-32, holding that the Department correctly calculated Appellant's parole eligibility.Appellant was sentenced to penitentiary terms for aggravated assault against a law enforcement officer and aggravated assault with a dangerous weapon. Before the Supreme Court, Appellant argued that the Department misapplied the parole grid by using one or more of his prior non-violent felony convictions to increase his time until parole. The Supreme Court affirmed, holding that the Department properly applied the parole grid. View "Reck v. South Dakota Board of Pardons & Paroles" on Justia Law

The Supreme Court affirmed Defendant's convictions and sentences for grand theft by deception and other offenses stemming from Defendant's excessive billing of Don Martin for mechanic work done to Martin's pickup, holding that the circuit court did not err in admitting certain evidence or in denying Defendant's post-trial motion to set aside his guilty verdicts.Specifically, the Court held (1) even if the circuit court erred by admitting certain statements made by Martin, now deceased, to a state investigator, the admission of those statements was harmless error; (2) that the circuit court did not err by admitting Defendant's bank records; and (3) that the circuit court did not err by denying Defendant's motion to set aside his guilty verdicts. View "State v. Podzimek" on Justia Law

The Supreme Court affirmed Defendant's conviction of four counts of rape in the fourth degree, one count of sexual exploitation of a minor, one count of solicitation of a minor, and a misdemeanor count of enticing a child away, holding that Defendant's sentences did not violate double jeopardy protections and that the State did not commit prosecutorial misconduct.On appeal, Defendant argued (1) his sentences for sexual exploitation of a minor and solicitation of a minor violated the Double Jeopardy Clause of the Fifth Amendment because those convictions arose from the same conduct as the rape convictions; and (2) in asking about similarities between Defendant's step-daughter and the victim during cross-examination the State engaged in prosecutorial misconduct. The Supreme Court affirmed, holding (1) any error in conviction and sentence for solicitation and sexual exploitation of a minor was not plain; and (2) Defendant did not show that the State's improper cross-examination affected his substantial rights. View "State v. McMillen" on Justia Law

The Supreme Court affirmed Defendant's conviction of aggravated assault with a dangerous weapon and simple assault stemming from two separate incidents against Defendant's girlfriend, holding that the circuit court did not abuse its discretion by joining the indictments for trial and did not err by denying Defendant's motion for judgment of acquittal on the charge of aggravated assault.On appeal, Defendant argued, among other things, that the charges from the two incidents were inappropriate for joinder because the incidents occurred almost three months apart, involved different methods of perpetuating the alleged assaults, were not part of the same act or transaction, and were not connected by a common plan or scheme. The Supreme Court disagreed, holding (1) the court did not abuse its discretion by granting the state's motion to join the indictments against Defendant because the court properly considered the similar character of the two offenses committed by Defendant and indicated the importance of each offense as showing part of a common scheme of Defendant's domestic abuse of his girlfriend; and (2) there was sufficient evidence to establish Defendant's guilt for aggravated assault with a dangerous weapon. View "State v. Solis" on Justia Law

The Supreme Court affirmed Defendant's conviction for two counts of aggravated assault against a law enforcement officer, holding that the evidence was sufficient to support the convictions.Defendant gained control of a police officer's Taser during an altercation. Defendant was convicted of resisting arrest and aggravated assault against a law enforcement officer. On appeal, Defendant argued that a Taser is not a dangerous weapon and that he did not attempt to use the Taser to cause serious bodily harm to either officer. The Supreme Court affirmed, holding that the jury could have concluded that Defendant attempted to use the Taser in a manner likely to inflict serious bodily harm upon the officers. View "State v. Foote" on Justia Law

The Supreme Court affirmed Defendant's conviction of simple assault and kidnapping, holding that the trial court did not err in the proceedings below and that Defendant's sentence was not unconstitutional under the Eighth Amendment.Specifically, the Court held (1) the circuit court did not err when it denied Defendant's motion for a mistrial for an alleged Brady violation; (2) the circuit court did not abuse its discretion when it denied Defendant's motion for a mistrial; (3) Defendant was not denied a fair trial due to cumulative errors; and (4) Defendant's sentence was not grossly disproportionate or excessive. View "State v. Delehoy" on Justia Law

The Supreme Court affirmed the decision of the circuit court affirming the magistrate judge's denial of Defendant's motion to suppress evidence obtained during a vehicle stop, holding the magistrate judge did not err by concluding that the stop was justified under the community caretaker exception.Defendant was convicted in magistrate court of driving under the influence. Defendant appealed the denial of his motion to suppress all evidence and statements obtained during the traffic stop, arguing that the police officer lacked reasonable suspicion of criminal activity. The Supreme Court affirmed, holding that the officer was acting in his community caretaking role when he stopped Defendant's vehicle in the parking lot, and the officer provided specific and articulable facts supporting his decision to stop Defendant's vehicle. View "State v. Short Bull" on Justia Law

The Supreme Court affirmed Defendant's conviction of two counts of aggravated assault by physical menace, holding that no error requiring reversal occurred in the proceedings below.A jury found Defendant guilty of the aggravated assault of his wife and his wife's sister. The Supreme Court affirmed the convictions, holding (1) Defendant was not prejudiced by the circuit court's decision in admitting a police officer's opinion on the nature of Defendant's wife's wounds, but the error was not prejudicial; (2) the evidence was sufficient to support both counts of aggravated assault by physical menace; and (3) the trial court erred in including a notation that the aggravated assault of Defendant's wife constituted domestic abuse when the jury made no such finding, but the remedy is to remand for entry of an amended judgment without the notation. View "State v. Scott" on Justia Law

The Supreme Court dismissed this appeal from the habeas court's denial of Appellant's petition for writ of habeas corpus for lack of jurisdiction, holding that the certificate of probable cause issued by the circuit court was inadequate.Appellant was found to have violated the terms of his probation and forced to serve his sentence with credit for time already served. Thereafter, Appellant filed a petition for writ of habeas corpus, alleging violations of his rights to due process and effective assistance of counsel. The habeas court denied the petition after a trial and filed an order for issuance of certificate of probate cause. Appellant appealed. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that the habeas court's order for issuance of certificate of probable cause was insufficient to render jurisdiction to this Court. View "Wright v. Young" on Justia Law

The Supreme Court affirmed Defendant’s convictions for first-degree robbery and aiding, abetting, or advising first-degree robbery stemming from two separate cases, holding that any error in the proceedings below was harmless.Specifically, the Court held (1) the circuit court did not by denying Defendant’s motion to dismiss the indictments for violation of his statutory and constitutional rights to a speedy trial; (2) Defendant’s waiver of Miranda rights and subsequent statements were voluntary, knowing, and intelligent; and (3) although Defendant invoked his right to an attorney, his unambiguous request occurred after he had confessed to the crimes, and therefore, the detectives’ error in continuing the interview after that point was harmless, and the circuit court’s failure to exclude Defendant’s post-invocation statements was also harmless. View "State v. Two Hearts" on Justia Law