The SD Supreme Court handed down one decision this morning, holding, inter alia:
1) Order granting access to victim’s journals reversed (Marsy’s
law applied)
Summary follows:
STATE v. WALDNER, 2024 S.D. 67: Co-Defendants “were indicted on varying degrees of rape and sexual contact a
minor less than sixteen years of age.” Defendants were provided
portions of a journal maintained by minor which detailed the conduct in
question. In response thereto, Defendants
“sought other journals and diaries written by [minor] through a
subpoena duces tecum.” Trial court denied minor’s motion
to quash, allowing access for Defendants.
Taking an intermediate appeal, the SD Supreme Court reversed and
remanded. This opinion analyzes and applies
Marsy’s Law, an Amendment to the SD Constitution
approved by 60% of popular vote in 2016. This ruling is unanimous (5-0), with opinion authored
by Justice DeVaney.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
