6 South Dakota opinions name it 1 courts 1978–2004 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 |
|---|---|---|
Oyler v. Bolesgreen2 sentences1983The Fourteenth Amendment Equal Protection Clause prohibits selective enforcement “based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 . 1983The Fourteenth Amendment Equal Protection Clause prohibits selective enforcement “based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 . | 1 | 4 |
People v. Raygreen2 sentences2000State v. O’Brien, 272 N.W.2d 69, 73 (S.D.1978) (citing Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)). “[P]rosecutorial discretion to select those eligible cases in which the death penalty will actually be sought does not in and of itself evidence an arbitrary and capricious capital punishment system or offend principles of equal protection, due process, or cruel and/or unusual punishment.” People v. Ray, 13 Cal.4th 313 , 52 Cal.Rptr.2d 296 , 914 P.2d 846, 874 (1996) (citations omitted). [¶ 166.] Next, we conclude that the evidence supports the jury’s findin 2000State v. O’Brien, 272 N.W.2d 69, 73 (S.D.1978) (citing Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)). “[P]rosecutorial discretion to select those eligible cases in which the death penalty will actually be sought does not in and of itself evidence an arbitrary and capricious capital punishment system or offend principles of equal protection, due process, or cruel and/or unusual punishment.” People v. Ray, 13 Cal.4th 313 , 52 Cal.Rptr.2d 296 , 914 P.2d 846, 874 (1996) (citations omitted). [¶ 166.] Next, we conclude that the evidence supports the jury’s findin | 1 | 1 |
State v. O'BRIENgreen2 sentences2000State v. O’Brien, 272 N.W.2d 69, 73 (S.D.1978) (citing Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)). “[P]rosecutorial discretion to select those eligible cases in which the death penalty will actually be sought does not in and of itself evidence an arbitrary and capricious capital punishment system or offend principles of equal protection, due process, or cruel and/or unusual punishment.” People v. Ray, 13 Cal.4th 313 , 52 Cal.Rptr.2d 296 , 914 P.2d 846, 874 (1996) (citations omitted). [¶ 166.] Next, we conclude that the evidence supports the jury’s findin 2000State v. O'Brien, 272 N.W.2d 69, 73 (S.D.1978) (citing Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)). "[P]rosecutorial discretion to select those eligible cases in which the death penalty will actually be sought does not in and of itself evidence an arbitrary and capricious capital punishment system or offend principles of equal protection, due process, or cruel and/or unusual punishment." People v. Ray, 13 Cal.4th 313 , 52 Cal.Rptr.2d 296 , 914 P.2d 846, 874 (1996) (citations omitted). [¶ 166.] Next, we conclude that the evidence supports the jury's findin | 1 | 1 |
State v. Secrestgreen2 sentences1985The Fourteenth Amendment Equal Protection Clause prohibits selected enforcement `based upon an unjustifiable standard such as race, religion, or other arbitrary classification.... to avoid prosecution for a criminal offense on equal protection grounds, a defendant must show that the government exercised selective enforcement of the law upon an invidious discriminatory basis.' 331 N.W.2d at 583 (citations omitted). 1985The Fourteenth Amendment Equal Protection Clause prohibits selected enforcement ‘based upon an unjustifiable standard such as race, religion, or other arbitrary classification_to avoid prosecution for a criminal offense on equal protection grounds, a defendant must show that the government exercised selective enforcement of the law upon an invidious discriminatory basis.’ 331 N.W.2d at 583 (citations omitted). | 1 | 1 |
State v. O'CONNORgreen1 sentence1983See State v. O’Connor, 265 N.W.2d 709 (S.D.1978). | 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 |
|---|---|---|
State v. Moeller
green
2 sentences2004The reality is that under § 23A-27A-1, once the prosecutor announces an intention to proffer no evidence to support any aggravating circumstance, there are no aggravating factors for the jury to consider, and thus no other penalty than life imprisonment can be imposed. [¶ 51.] As for Moeller’s constitutional challenge to the prosecution’s discretion in seeking the death penalty, we adhere to our holding in Moeller II that “[selective enforcement of SDCL 23A-27A-1 and 22-16-4 is insufficient to show that the statutes have been unconstitutionally applied to a specific defendant, absent a showing 2004The reality is that under § 23A-27A-1, once the prosecutor announces an intention to proffer no evidence to support any aggravating circumstance, there are no aggravating factors for the jury to consider, and thus no other penalty than life imprisonment can be imposed. [¶ 51.] As for Moeller’s constitutional challenge to the prosecution’s discretion in seeking the death penalty, we adhere to our holding in Moeller II that “[selective enforcement of SDCL 23A-27A-1 and 22-16-4 is insufficient to show that the statutes have been unconstitutionally applied to a specific defendant, absent a showing | 1 | 2004–2004 |
State v. Hicks
green
2 sentences1978Therefore grounds supporting a finding of a denial of equal protection were not alleged.” 368 U.S. at 456 , 82 S.Ct. at 506 , 7 L.Ed.2d at 453 . 7 The Supreme Court cited State v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958), cert. den. 359 U.S. 917 , 79 S.Ct. 594 , 3 L.Ed.2d 579 , where likewise there was evidence of lack of enforcement by prosecuting attorneys of the Habitual Criminal Act and by penitentiary statistics showing that for 1956 only 8 of 384 inmates and for 1957 only 24 of 984 having prior convictions had been sentenced as habitual criminals. 1978Therefore grounds supporting a finding of a denial of equal protection were not alleged.” 368 U.S. at 456 , 82 S.Ct. at 506 , 7 L.Ed.2d at 453 . 7 The Supreme Court cited State v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958), cert. den. 359 U.S. 917 , 79 S.Ct. 594 , 3 L.Ed.2d 579 , where likewise there was evidence of lack of enforcement by prosecuting attorneys of the Habitual Criminal Act and by penitentiary statistics showing that for 1956 only 8 of 384 inmates and for 1957 only 24 of 984 having prior convictions had been sentenced as habitual criminals. | 1 | 1978–1978 |
Luttrell v. Rhay
green
2 sentences1978Therefore grounds supporting a finding of a denial of equal protection were not alleged." 368 U.S. at 456 , 82 S.Ct. at 506 , 7 L.Ed.2d at 453 . [7] The Supreme Court cited State v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958), cert. den. 359 U.S. 917 , 79 S.Ct. 594 , 3 L.Ed.2d 579 , where likewise there was evidence of lack of enforcement by prosecuting attorneys of the Habitual Criminal Act and by penitentiary statistics showing that for 1956 only 8 of 384 inmates and for 1957 only 24 of 984 having prior convictions had been sentenced as habitual criminals. 1978Therefore grounds supporting a finding of a denial of equal protection were not alleged.” 368 U.S. at 456 , 82 S.Ct. at 506 , 7 L.Ed.2d at 453 . 7 The Supreme Court cited State v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958), cert. den. 359 U.S. 917 , 79 S.Ct. 594 , 3 L.Ed.2d 579 , where likewise there was evidence of lack of enforcement by prosecuting attorneys of the Habitual Criminal Act and by penitentiary statistics showing that for 1956 only 8 of 384 inmates and for 1957 only 24 of 984 having prior convictions had been sentenced as habitual criminals. | 1 | 1978–1978 |
Green v. United States
green
2 sentences1978Therefore grounds supporting a finding of a denial of equal protection were not alleged." 368 U.S. at 456 , 82 S.Ct. at 506 , 7 L.Ed.2d at 453 . [7] The Supreme Court cited State v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958), cert. den. 359 U.S. 917 , 79 S.Ct. 594 , 3 L.Ed.2d 579 , where likewise there was evidence of lack of enforcement by prosecuting attorneys of the Habitual Criminal Act and by penitentiary statistics showing that for 1956 only 8 of 384 inmates and for 1957 only 24 of 984 having prior convictions had been sentenced as habitual criminals. 1978Therefore grounds supporting a finding of a denial of equal protection were not alleged.” 368 U.S. at 456 , 82 S.Ct. at 506 , 7 L.Ed.2d at 453 . 7 The Supreme Court cited State v. Hicks, 213 Or. 619 , 325 P.2d 794 (1958), cert. den. 359 U.S. 917 , 79 S.Ct. 594 , 3 L.Ed.2d 579 , where likewise there was evidence of lack of enforcement by prosecuting attorneys of the Habitual Criminal Act and by penitentiary statistics showing that for 1956 only 8 of 384 inmates and for 1957 only 24 of 984 having prior convictions had been sentenced as habitual criminals. | 1 | 1978–1978 |
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.