8 South Dakota opinions name it 1 courts 1972–2014 0 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Laniergreen2 sentences1990In State v. Lanier, 452 N.W.2d 144, 147 (S.D.1990), I set forth my views concerning the constitutionality of SDCL 32-23-10, which statute is not mentioned in this majority opinion. 1990In State v. Lanier, 452 N.W.2d 144, 147 (S.D.1990), I set forth my views concerning the constitutionality of SDCL 32-23-10, which statute is not mentioned in this majority opinion. | 1 | 1 |
State v. Olesengreen2 sentences1973See State v. Olesen, 86 S.D. 367 , 196 N.W.2d 362 ; State v. Halverson, S.D., 203 N.W.2d 421 . 1973See State v. Olesen, 86 S.D. 367 , 196 N.W.2d 362 ; State v. Halverson, S.D., 203 N.W.2d 421 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Schmerber v. California
green
2 sentences1976Cf. Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 . 1976Cf. Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 . | 3 | 1972–1976 |
Holland v. Parker
green
2 sentences1973Because in my opinion the defendant did not properly raise the question in the trial court, we need not consider whether the holding in Holland v. Parker, D.S.D., 354 F.Supp. 196 , would bar the admission of the results of the blood test in this case. 1973Because in my opinion the defendant did not properly raise the question in the trial court, we need not consider whether the holding in Holland v. Parker, D.S.D., 354 F.Supp. 196 , would bar the admission of the results of the blood test in this case. | 2 | 1973–1973 |
Missouri v. McNeely
green
2 sentences2014Id. at-, 133 S.Ct. at 1557 . [¶ 12.] The defendant moved to suppress the results of the blood test, alleging a violation of his Fourth Amendment rights. 2014Id. at-, 133 S.Ct. at 1557 . [¶ 12.] The defendant moved to suppress the results of the blood test, alleging a violation of his Fourth Amendment rights. | 1 | 2014–2014 |
State v. MacDonald
green
1 sentence1981In view of our holding that appellee’s arrest was authorized by SDCL 9-29-1, we need not consider the State’s alternative argument that the arrest was valid as a citizen’s arrest pursuant to our holding in State v. MacDonald, supra. The order dismissing the action and suppressing the results of the blood test is reversed, and the case is remanded to the circuit court for trial, All the Justices concur, * We note with interest that SDCL 9-29-1 has been viewed by the United States Supreme Court as constituting a very broad grant of authority. | 1 | 1981–1981 |
State v. Spry
green
2 sentences1976Indeed, in the Spry case, we stated, after first holding that the defendant had voluntarily consented to a blood test after being advised of his implied consent law rights, that “ * * * a defendant’s consent or refusal is irrelevant to the admission of the results of the blood test if the test is taken pursuant to a valid arrest.” 87 S.D. at 325 , 207 N.W.2d at 508 . 1976Indeed, in the Spry case, we stated, after first holding that the defendant had voluntarily consented to a blood test after being advised of his implied consent law rights, that “ * * * a defendant’s consent or refusal is irrelevant to the admission of the results of the blood test if the test is taken pursuant to a valid arrest.” 87 S.D. at 325 , 207 N.W.2d at 508 . | 1 | 1976–1976 |
Stensland v. Smith
green
2 sentences1974In support of his argument, the *264 defendant relies on Stensland v. Smith, 1962, 79 S.D. 651 , 116 N.W.2d 653 . 1974In support of his argument, the *264 defendant relies on Stensland v. Smith, 1962, 79 S.D. 651 , 116 N.W.2d 653 . | 1 | 1974–1974 |
State v. Halverson
green
2 sentences1973See State v. Olesen, 86 S.D. 367 , 196 N.W.2d 362 ; State v. Halverson, 87 S.D. 110 , 203 N.W.2d 421 . 1973See State v. Olesen, 86 S.D. 367 , 196 N.W.2d 362 ; State v. Halverson, S.D., 203 N.W.2d 421 . | 1 | 1973–1973 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.