The SD Supreme Court handed down one decision this morning,
holding, inter alia:
1) HSC patient/inmate entitled to dismissal of criminal
charges;
Summary follows:
STATE v. FOSHAY, 2024 S.D. 12: Criminal Defendant was found “incompetent to stand trial” in 2017
and committed to the SD’s Human Services Center (HSC) for “competency restoration treatment.” Thereafter,
“as a result of a series of ‘re-commitments,’ [Defendant] remains
committed.” Defendant
sought a dismissal of criminal charges in 2021, pursuant to SDCL 23A-10A-14
(requiring dismissal when “there is no substantial
probability that the defendant will become competent to proceed in the
foreseeable future.”)
The trial court denied dismissal. The SD Supreme Court reversed and remanded,
for the entry
of an order dismissing the criminal charges against Foshay.
And further stating/instructing:
Although the record contains a recommendation
by the director of the facility in which Foshay is currently placed that he
continue to be held for the reasons set forth in SDCL 23A-10A-14, any further
determinations as to those recommendations must be addressed through a civil
commitment proceeding, as noted in this statute.
This is a 4-1 ruling, with Majority Opinion authored by
Justice Salter.
Justice Kern filed a dissenting opinion in which she disagrees
with the majority opinion’s factual finding in regard to the probability of
competency in the foreseeable future – a finding which she believes, “amounts to a cursory de novo review.”
NOTE: the majority and dissenting opinions run 30 pages.
(Majority opinion found in ¶¶ 1-40, Dissent opinion found in ¶¶ 41-63.)
This decision may be accessed at
