Legal Opinion

Milstead v. Smith

South Dakota Supreme Court

Decided July 27, 2016No. 27321PublishedCited by 9 opinions

1Opinion of the Court

KERN, Justice.

[¶ 1.] Defendant was arrested and charged with several offenses, including three counts of simple assault against a law enforcement officer. Defendant served a subpoena duces tecum on the county sheriff requesting “[a]U disciplinary records/reprimands/complaints” contained within the arresting officer’s personnel file. The sheriff filed a motion to quash the subpoena, which the circuit court denied in part. The court ordered the sheriff to produce portions of the arresting officer’s personnel records from the past five years for in camera review. We granted the sheriffs petition…

2Cases cited44 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Giglio v. United StatesSupreme Court of the United States · 1972
  4. Davis v. AlaskaSupreme Court of the United States · 1974
  5. United States v. NixonSupreme Court of the United States · 1974

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3Cited by9 opinions

  1. State v. SpaniolSouth Dakota Supreme Court · 2017
  2. Novotny v. Sacred Heart Health ServicesSouth Dakota Supreme Court · 2016
  3. Hamen v. Hamlin Cnty.South Dakota Supreme Court · 2021
  4. State v. WaldnerSouth Dakota Supreme Court · 2024
  5. Ferguson v. ThaemertSouth Dakota Supreme Court · 2020

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