Although it was somewhat of a secondary issue, there was an interesting decision this week from the South Dakota Supreme Court. It held that a person has no privacy interest in their IP address, at least for purposes of the constitutional protection against unreasonable search and seizure.
To begin with, an IP address is the [...]
I think the media missed the forest for the trees in covering yesterday’s S.D. Supreme Court opinion on the appointment of members of that court. Much of the coverage seems to focus on the thought that any lawyer in the state can apply for any open judicial position. But that is not the crux or [...]
Although saying it was adopting “no hard and fast rule,” the South Dakota Supreme Court has upheld an order granting a new trial in a case where a juror did a Google search on a defendant two months before being called for jury duty and happened to mention the search during jury deliberations.
In Russo [...]
Think the recent news about jurors using Twitter and Google during trials is limited to more populated areas? Think again. Next week the South Dakota Supreme Court will hear arguments in a case where a new trial was granted because of a juror’s use of Google before the trial even started.
The case involves a [...]
For a number of weeks, I’ve been observing the coverage of a news story in which I was somewhat involved. While I’m proud of the years I spent as a journalist, my view of the profession — already damaged when I left it — wasn’t bolstered by what I saw.
I don’t think I’m breaking [...]
So you’re among people streaming out of the bars at closing time on Labor Day weekend and, being a considerate and insightful person, decide it’s a prime opportunity to yell obscenities at the cops driving by. Perhaps not the wisest idea in the world but you might simply be exercising your First Amendment rights. At [...]
Global warming is a focus of a new South Dakota Supreme Court decision. In it, the Court unanimously upholds the permitting of a new coal-fired electric generating plant in northeast South Dakota. While the Court acknowledges the potential threat of global warming, it says decisions in this area rest with the executive and legislative branches [...]
No, not as in “Diana Ross and.” The South Dakota Supremes.
In a decision handed down today, the Supreme Court helped Kevin Costner keep the Midnight Star casino in Deadwood going and saved him hundreds of thousands of dollars in the dissolution of a limited partnership that currently operates the it. From a legal standpoint, [...]
There’s been plenty of press on the South Dakota Supreme Court’s unanimous decision to allow on the November ballot efforts to repeal video lottery (PDF file) and a cell phone tax (PDF file). At bottom, the Court overruled a 1995 decision, Christensen v. Carlson, indicating that initiative could not be used to repeal existing law.
While I don’t practice criminal law today’s decision by the South Dakota Supreme Court may be of interest. Basically, the Court said the existence of temporary internet files of child porn on a computer are sufficient to justify a search warrant for the PC and the office in which it was located.
In the case, [...]