The
SD Supreme Court handed down two decisions this morning:
- Suppression of Evidence Order Reversed;
- CARES Act funds NOT subject to repayment;
Summaries
follows:
STATE
v. GHEBRE, 2023 S.D. 21: Defendant was charged with 3rd degree
Rape and Sexual Contact with person incapable of consent. The trial court
sustained the Defendant’s Motion to Suppress Statements made by Defendant
during the time a search warrant was being executed at his premises. The
trail court relied, in part, upon “an obvious language barrier” between the police officer
and Defendant. State sought an Intermediate Appeal. The SD Supreme Court
reversed. This decision is a 4-1 ruling, with the Court’s opinion authored
by Justice Kern. Justice Myren “dissents without a writing.”
BRACKEN
v. DLR REEMPLOYMENT ASSISTANCE DIVISION, 2023 S.D. 22: Owner of Bed ‘N
Breakfast in Custer County recovered $14,080 in Pandemic Unemployment
Assistance (PUA) benefits under the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act). State Agency re-considered and sought repayment
on the basis of its interpretation of being “unemployed.” Both the ALJ and the
trial court ordered repayment. The SD Supreme Court reversed, stating:
[¶28.] [T]he basis
identified by the ALJ for Bracken’s PUA ineligibility was what we have
concluded to be an erroneous interpretation and application of the
Self-Employment Rule.
This
decision is unanimous, with opinion authored by Justice Salter.
These
decisions may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
