The
SD Supreme Court handed down two decisions this morning:
- Solicitation of another to aid and abet 1st
degree murder; and
- Attorney Swier disciplined a 2nd
time
Summaries
follows:
STATE
v. THOMAN, 2021 S.D. 10: Defendant
sought assistance from a friend in securing a gun so that he could kill the
doctor who treated his deceased wife.
Defendant was charged and convicted of criminal solicitation of aiding
and abetting first-degree murder.
Defendant’s legal argument -- in the lower court and on this appeal --
is that “one cannot criminally solicit another to aid and abet an
offense.” The SD Supreme Court rejected
this assertion and affirmed. The decision is unanimous (5-0) with opinion
authored by Retired Chief Justice Gilbertson.
DISCIPLINE
OF SWIER, 2021 S.D. 11: Attorney Swier
was suspended from the practice of law in early 2020. During his suspension Swier engaged in the
practice of law. The SD Supreme Court then suspended Swier indefinitely and
requested, “the State Bar’s Disciplinary Board to conduct a full
investigation of Swier and the Swier Law Firm to determine if Swier or members
of the Swier Law Firm committed additional violations of the Court’s Order of
Suspension.” Following investigation
and report, the Court found that the incident was singular but
intentional. The Court extended Swier’s
suspension an additional 60 days and
further ordered Swier to reimburse the UJS and the State Bar of South Dakota
for $8,373.73 in costs and expenses for the initial suspension and $8,915.58 in
costs and expenses for this subsequent proceeding. NOTE: it was also found, “the
attorney members of Swier Law Firm did not assist or condone any violation of
the Court’s order.” This decision is unanimous
(5-0) with opinion authored by Retired Chief Justice Gilbertson. Circuit Judge Means sat on this case in lieu
of Justice Kern.
These
decisions may be accessed at
