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6 South Dakota opinions name it 1 courts 1927–2023 2 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 |
|---|---|---|
| No positive-treatment citations attached to this issue in South Dakota. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tomas G. Ervin v. Paul K. Delo, Superintendent, Potosi Correctional Center Michaelbowersox, Superintendent, Potosi Correctional Center
green
2 sentences2023In evaluating the merits -27- #29790 of this strategy, the Eighth Circuit concluded that Ervin was not able to “overcome the presumption that defense counsel used a sound trial strategy.” Id. at 914 . [¶53.] From their testimony provided on the initially raised ineffective assistance claims, it is apparent that Smith and Jacobs recognized that Ally’s video interviews contained exculpatory evidence. 2023In evaluating the merits -27- #29790 of this strategy, the Eighth Circuit concluded that Ervin was not able to “overcome the presumption that defense counsel used a sound trial strategy.” Id. at 914 . [¶53.] From their testimony provided on the initially raised ineffective assistance claims, it is apparent that Smith and Jacobs recognized that Ally’s video interviews contained exculpatory evidence. | 2 | 2023–2023 |
State v. Holmes
green
2 sentences1990The trial judge’s position is similar to this Court’s analysis in the recent case, State v. [Timothy J.] Holmes, 338 N.W.2d 104 (S.D.1983) {[Timothy J.] Holmes), where we held that SDCL 23A-22-3 articulated the presumption of innocence, but did not mandate that a presumption instruction be given in every case. 1990The trial judge's position is similar to this Court's analysis in the recent case, State v. [Timothy J.] Holmes, 338 N.W.2d 104 (S.D.1983) ( [Timothy J.] Holmes ), where we held that SDCL 23A-22-3 articulated the presumption of innocence, but did not mandate that a presumption instruction be given in every case. | 1 | 1990–1990 |
United States v. David Cochran
green
2 sentences1987In United States v. Cochran, 770 F.2d 850 (9th Cir.1985), the court stated that compliance with the requirements of Rule 23(a), creates a presumption that the waiver is a voluntary, knowing and intelligent one. 1987Id. at 851 . | 1 | 1987–1987 |
Cassady v. Old Colony Street Railway Co.
green
2 sentences1932Co., 184 Mass. 156 , 68 N. E. 10, 63 . 1932Co., 184 Mass. 156 , 68 N. E. 10, 63 . | 1 | 1932–1932 |
MacGregor v. Pierce
neutral
1 sentence1927As far back as the case of MacGregor v. Pierce et al, 17 S. D. 51, 95 N. W. 281 , the principle of waiver of notice of intention is indicated, although in that case the facts did not support a presumption of waiver. | 1 | 1927–1927 |
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.