State v. Koehn
South Dakota Supreme Court
1Opinion of the CourtKonenkamp, Justice
(on reassignment).
[¶ 1.] Defendant admitted to law enforcement officers that he had recently smoked marijuana. He consented to a urinalysis, which confirmed his marijuana use. Later, as the target of a drug investigation, he admitted under immunity before a grand jury that he used marijuana for medicinal purposes. Forewarned with this information, the prosecutor obtained an order prohibiting defendant from asserting a medicinal use defense at trial. The court denied defendant’s motions to interrogate the prosecutor and to dismiss on the ground that the prosecution gained a tactical advantage…
2Cases cited23 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- United States v. SerranoCourt of Appeals for the First Circuit · 1989
- United States v. Gary R. McDanielCourt of Appeals for the Eighth Circuit · 1973
- United States v. E.A. Gregory, Vonna Jo Gregory, G.W. Atkinson and Robert T. Spurlock, Jr.Court of Appeals for the Eleventh Circuit · 1984
18 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. DucheneauxSouth Dakota Supreme Court · 2003
- State v. KoehnSouth Dakota Supreme Court · 2001