The
SD Supreme Court handed down one decision this morning, holding inter alia:
- Criminal convictions affirmed for offenses
committed by intoxicated father in possession of six week old infant
STATE
v. NELSON, 2022 S.D. 12: The Defendant’s arrest in this case was precipitated
by a phone call to 911 by the mother of the 6 week old infant. This case is summarized in the opening
paragraph of the Court’s opinion:
[¶1.] A jury convicted Carl
Nelson of driving under the influence (DUI), abuse of or cruelty to a minor,
reckless driving, and other offenses. He appeals his convictions, arguing that
the circuit court erroneously denied his motions for judgment of acquittal on
all counts, erroneously denied his motion for a mistrial, and erroneously
instructed the jury on his right to refuse a blood draw. We affirm.
The
Court’s decision is unanimous (5-0) with opinion authored by Justice Myren.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
