The SD
Supreme Court handed down one decision this morning, holding inter alia:
1) Warrantless Blood Draw
Upheld on basis of Exigent Circumstances
Summary
follows:
STATE v. VORTHERMS, 2020 S.D. 67: Defendant was convicted by jury of vehicular
homicide (2 counts), vehicular battery and DUI.
The trial court sentenced Defendant to 30 years in prison (with 5
suspended) for manslaughter, 10 years suspended for battery and a suspended
jail sentence for DUI. Two issues are
presented in this appeal: 1) the admissibility of blood alcohol results from a “warrantless”
blood draw; and 2) ineffective assistance of counsel. The SD Supreme Court rejected both issues, holding
that exigent circumstances justified the warrantless blood draw and that
Defendant’s ineffective assistance of counsel claim is not reviewable on direct
appeal. This decision is unanimous,
with opinion authored by Justice Jensen.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
