1 new decision by SD Supreme Court

The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) LWOP Sentence and Underlying Conviction Reversed and Remanded for New Trial; Summary follows: STATE v. BORDEAUX, 2025 S.D. 55: Defendant “was convicted by a Pennington County jury of first-degree murder for shooting his girlfriend [and] was sentenced to life imprisonment without the possibility of parole.” Along the way, “the [trial] court allowed other act evidence stemming from a prior aggravated assault [Defendant] committed against a different victim to be presented to the jury.” The SD Supreme Court Reversed and Remanded for New Trial. The Court holds that the “other act evidence” was improperly admitted into evidence. All five Justices agree that the trial court acted improperly in allowing the evidence. The Court’s opinion as to Part I (improper admission into evidence) is authored by Justice DeVaney. The Court’s opinion as to Part II (issue of prejudice) is authored by Chief Justice Jensen (with Justices Salter and Myren concurring). Justices Kern and DeVaney dissent on the issue of whether the improper evidence was prejudicial as to the jury verdict, through an opinion authored by Justice DeVaney. This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .