The SD Supreme Court handed down one decision this morning, holding, inter alia:
1) Consecutive life sentences for 1st Degree Murder Upheld
Summary follows:
STATE v. ABSOLU, 2024 S.D. 66: Defendant was convicted by jury of 3 counts of 1st Degree Murder and sentenced to 3 consecutive life sentences. Defendant’s appeal is predicated on the State’s non-disclosure of what Defendant’s describes as “Primary Witness Information.” Defendant argued (and continues to argue) that disclosure was required under Brady and under the trial court’s pre-trial discovery order. The trial court denied Defendant’s Motion for New Trial. The SD Supreme Court affirmed, holding:
[¶59.] We conclude that, although the broad language of the circuit court’s discovery order would include at least some of the information relating to [undisclosed information, Defendant] cannot prove he was prejudiced by the State’s failure to disclose it.
The Court’s ruling is unanimous (5-0), with opinion authored by Justice Salter.
NOTE: The murders took place in Rapid City. Note 3 of the Opinion states, “The State initially viewed this as a capital case, but it ultimately decided not to pursue the death penalty.”
This decision may be accessed at
