Legal Opinion

State v. MARSHEK

South Dakota Supreme Court

Decided May 6, 2009No. 24739PublishedCited by 3 opinions

1Per curiam

ACTION

[¶ 1.] Scott A. Marshek pleaded guilty to one count of Third Degree Burglary. At the initial sentencing hearing, the circuit court requested that Marshek verify a factual claim he had made. The circuit court explained to the parties that it would follow the sentence recommendation of the State if the factual claim was true, but would impose a longer sentence if Marshek was lying. Verification required that the sentencing hearing be continued. For a variety of reasons, the sentencing hearing was not resumed for several weeks. Mar-shek’s factual claim was proven false, and the circuit…

2Cases cited12 opinions

  1. State v. FordSouth Dakota Supreme Court · 1982
  2. State v. CadySouth Dakota Supreme Court · 1988
  3. State v. ArabieSouth Dakota Supreme Court · 2003
  4. Ex Parte WattSouth Dakota Supreme Court · 1950
  5. State Ex Rel. Conway v. HughesSouth Dakota Supreme Court · 1934

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

3Cited by3 opinions

  1. State v. SemradSouth Dakota Supreme Court · 2011
  2. State v. RossSouth Dakota Supreme Court · 2018
  3. State v. SimonsenSouth Dakota Supreme Court · 2024

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