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Legal Opinion

State v. Smith

South Dakota Supreme Court

Decided November 13, 2013No. 26572PublishedCited by 14 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Justin Smith was charged with driving under the influence of alcohol (DUI) in Pennington County, South Dakota, on August 13, 2012. A Part II Information alleged that Smith had two previous DUI convictions within the last ten years, one in 2011 (Lawrence County, South Dakota) and the other in 2009 (Douglas County, Nebraska). Smith moved to strike the 2011 conviction from the Part II Information, claiming his guilty plea was constitutionally infirm because he was not fully advised of the waiver effect of pleading guilty (a violation of Boykin rights). The Seventh…

2Cases cited17 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. Scott v. IllinoisSupreme Court of the United States · 1979
  4. Nachtigall v. EricksonSouth Dakota Supreme Court · 1970
  5. Boyd v. DuttonSupreme Court of the United States · 1972

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. BilbenSouth Dakota Supreme Court · 2014
  2. State v. EdwardsSouth Dakota Supreme Court · 2014
  3. State v. BurkettSouth Dakota Supreme Court · 2014
  4. Garcia v. StateSouth Dakota Supreme Court · 2014
  5. Oleson v. YoungSouth Dakota Supreme Court · 2015

9 more not listed; retrieve them via the Exa API.

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