State v. Rederth

In concurring in the result of this opinion, I wish to cite my concurrence in result in State v. Janssen, 371 N.W.2d 353, 356 (S.D.1985). My writing in Janssen sets forth my beliefs and authorities in sentencing. It is vital that statistics, criteria, history of eases, studies and court records be introduced at the trial court level so that this Court can make an enlightened appellate review either as to (a) the proportionality or disproportionality under the Eighth Amendment, or (b) the encumbering of a sentence because a defendant has exercised his constitutional right to a jury trial. We…