The SD Supreme Court handed down three decisions this morning:
1) Criminal convictions affirmed;
2) Consecutive 25 year sentences;
3) Civil claim by opposing party against divorce attorney
recognized
Summaries follows:
STATE v. AHMED, 2022 S.D. 20: Defendant appeals jury
conviction of 7 counts including aggravated assault and grand theft
by receiving stolen property. The
basis of his appeal is “insufficiency of evidence” as to these two counts.
The SD Supreme Court affirmed the convictions in a unanimous (5-0)
ruling, with opinion authored by Chief Justice Jensen.
STATE v. DELEON, 2022 S.D. 21: Defendant pled guilty to the
charges of attempted first-degree murder and commission of a felony
with a firearm. The trial court imposed 25 year sentences on each charge,
to run consecutively. The SD Supreme
Court affirmed, rejecting Defendant’s arguments based upon the 8th
Amendment (“cruel and unusual punishmen”) and abuse of discretion. This decision is unanimous (5-0) with opinion
authored by Justice Salter.
GANTVOORT v. RANSCHAU, 2022 S.D. 22: This is a civil action
against Attorney and client (W), arising out of the surreptitious recording of
opposing party (H) during a “tumultuous divorce” proceeding. Some 51 recordings were made via a
voice-activated recording device placed in H’s office. Two of the recordings
were offered into evidence in the divorce trial. This appeal relates only to
the claims against Attorney. The trial
court granted summary judgment for
Attorney on all three counts made against him -- invasion of privacy, aiding
and abetting W in invasion of his privacy, and civil conspiracy with
W. The SD Supreme Court reversed and
remanded on Count 2 (aiding and abetting). This ruling is unanimous (5-0), with opinion
authored by Justice Kern. Former Chief
Justice Gilbertson participated on this case which was orally argued on Nov.
17, 2020.
These decisions may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
