The SD Supreme Court handed down one decision this morning, holding inter alia:
1)
DUI
Court termination unsuccessfully challenged before Sentencing Court
Summary
follows:
STATE v.
KARI, 2021 S.D. 33: The Defendant in
this case was given a chance to improve her life and avoid prison through
participation in the DUI Court Program.
She did not succeed and was terminated from the program by the CUI
Court. When brought back to the original
sentencing court, Defendant sought to challenge the basis of the DUI Court’s
decision to terminate. Ultimately the
Sentencing Court heard evidence which was “substantially similar” to the evidence presented to the DUI Court,
revoked probation and sentenced Defendant to 10 years, with 5 years
suspended. The SD Supreme Court affirmed
in a unanimous (4-0) ruling, with opinion authored by Justice DeVaney. Justice Salter did not participate. This decision reviews the law concerning the
“reviewability” of a DUI Court’s termination decision by the Sentencing Court.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
