Legal Opinion

State v. Krause

South Dakota Supreme Court

Decided April 12, 2017No. 27628; 27629PublishedCited by 2 opinions

1Opinion of the CourtGilbertson, Chief Justice

[¶1.] Twin brothers Ryan Alan Krause and Brian Michael Krause appeal the circuit court’s imposition of four consecutive, two-year sentences on each brother for multiple convictions of unlawfully using a computer system. The Krauses first argue their sentences violate the Eighth Amendment’s prohibition against cruel and unusual punishment. They also argue the circuit court erred by deviating from presumptive sentences of probation for these offenses and in failing to state the aggravating circumstances justifying such deviation. We affirm.

Facts and Procedural History

[¶2.] In 2014, the Krauses…

2Cases cited12 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. State v. HutchisonSupreme Court of Kansas · 1980
  4. State v. RiceSouth Dakota Supreme Court · 2016
  5. State v. ChippsSouth Dakota Supreme Court · 2016

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

3Cited by2 opinions

  1. State v. SmithSouth Dakota Supreme Court · 2023
  2. State v. FeuchtSouth Dakota Supreme Court · 2024

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