The reporter’s privilege and South Dakota

Now that Judge Vince Foley has recognized a Republican blogger as a journalist in the “robocall” criminal trial , there’s plenty in the news and the blogosphere about South Dakota not having “shield laws.” Such laws protect journalists from unilaterally being required to divulge their confidential sources. While South Dakota has no such law, the […]

Your IP address is not private information

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 […]

Where should (a) justice reside?

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 […]

No “hard and fast rule” but juror’s pre-trial Google search requires new trial

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 […]

That interweb thingy in South Dakota jury rooms

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 […]