Book Review: Justice Failed by Alton Logan with Berl Falbaum

I know from experience that attorney-client privilege plays a big role in a lawyer’s professional life. There’s plenty of times when a client or potential client wanted assurance that I couldn’t tell anyone else what they told me (with limited exceptions). The confidentiality of information is such an important ethical obligation that the American Bar […]

Did Elijah Page choose lethal injection too early?

A unanimous South Dakota Supreme Court has vacated the death sentence of Briley Piper on the basis he did not validly waive his right to have a jury determine if he should be sentenced to death. Piper’s case will be sent back for another sentencing proceeding that will allow him an opportunity to have a […]

Ramifications of the execution decision

Okay, everybody now knows Gov. Mike Rounds temporarily delayed Elijah Page’s execution because of concerns over the execution procedure. I will leave to political pundits the impact, if any, of that decision on his re-election bid and that of Attorney General Larry Long (who, given the ballot question decisions, doesn’t seem to be having a […]

Interesting quandry

Today’s court ruling setting South Dakota’s first execution in 59 years jsut two weeks from now could pose some interesting questions for the pro-life movement in South Dakota, particularly Catholics.

The court order allows Elijah Page to be executed at the South Dakota Penitentiary the week of August 28. Page pleaded guilty to the kidnapping […]

Death on the docket

The South Dakota Supreme Court makes its annual trip to the USD Law School March 22-24 for oral arguments. It’s always a fun place to argue because the courtroom is packed and with all the students there the justices seem to be a bit more active. The Court also tries to pick “interesting” cases because […]