The SD Supreme Court handed down one decision this morning, holding inter alia:

1. Criminal convictions affirmed for offenses committed by intoxicated father in possession of six week old infant

STATE v. NELSON, 2022 S.D. 12: The Defendant’s arrest in this case was precipitated by a phone call to 911 by the mother of the 6 week old infant.  This case is summarized in the opening paragraph of the Court’s opinion:

[¶1.] A jury convicted Carl Nelson of driving under the influence (DUI), abuse of or cruelty to a minor, reckless driving, and other offenses. He appeals his convictions, arguing that the circuit court erroneously denied his motions for judgment of acquittal on all counts, erroneously denied his motion for a mistrial, and erroneously instructed the jury on his right to refuse a blood draw. We affirm.

The Court’s decision is unanimous (5-0) with opinion authored by Justice Myren.

This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .