Legal Opinion · Dissent

In re J.Z.

South Dakota Supreme Court

Decided May 11, 1988No. 15473Published

1DissentHenderson, Justice

State’s Motion for Rehearing is a seven-page brief — a rehash — if you will — of this entire case; it is replete with quotes from the record, numerous citations, actual quotes of witnesses from the record, and a barrage of argumentative verbosity covering the entire case. Said Motion (a Petition for Rehearing) violates this Court’s appellate procedure. “Such petition shall state briefly and without argument the issue, fact or law claimed to have been overlooked or misapprehended by the court.” SDCL 15-25-3 (emphasis added).

The essence of the State’s petition for rehearing, and the majority…

2Cases cited14 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Lehman Ex Rel. Lehman v. Lycoming County Children's Services AgencySupreme Court of the United States · 1982
  3. In re N. J. W.South Dakota Supreme Court · 1978
  4. People in Interest of KCSouth Dakota Supreme Court · 1987
  5. People ex rel. S.L.H.South Dakota Supreme Court · 1983

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