Thursday, April 6, 2023

Denny Sandford's Appeal Rejected

 The SD Supreme Court handed down one decision this morning, holding inter alia:

 

1)    Denny Sanford’s appeal rejected

 

MATTER OF IMPLICATED INDIVIDUAL, 2023 S.D. 16: In an amazingly quick turnaround, the SD Supreme Court has rejected Denny Sanford’s appeal in connection with his request to review search warrant affidavits and to participate in redaction measures prior to being released to the public.  This ruling comes only 14 days after the case was orally argued in Brookings.  In affirming the trial court, the Supreme Court stated:

 

[¶22.]  The circuit court properly applied the provisions of SDCL 15-15A-13 and SDCL 23A-35-4.1 in considering, and ultimately denying, Sanford’s request to inspect and redact the affidavits before they are unsealed. Before ruling on the request, the court thoroughly considered the various statutory and constitutional grounds asserted by Sanford with respect to information that could conceivably be contained in the affidavits. The court’s approach to redaction fell soundly within its discretion, and the court appropriately exercised its discretion to “decide whether there [were] sufficient grounds to prohibit access . . . .” to contents of the affidavits under SDCL 15-15A-13.

 

This decision is unanimous (5-0), with opinion authored by Chief Justice Jensen.  Retired Chief Justice Gilbertson sat on in this case, in lieu of Justice Salter. 

 

This decision may be accessed at

 

http://ujs.sd.gov/Supreme_Court/opinions.aspx .