Them thar are fighting nasty words!

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 and the South Dakota Supreme Court

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 […]

The Supremes and Kevin Costner

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, […]

Initiative and referendum decision

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.


South Dakota Supremes and internet child porn

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, […]

Interesting South Dakota religion case

In case you missed the AP story, the South Dakota Supreme Court will hear arguments next Tuesday in a somewhat different religion case.

Here’s the basic tale: The Holy Family Catholic church in Mitchell wants to tear down the Notre Dame Academy, a nearly century old school building that closed a few years ago. Local […]