State v. Olsen

Commonplace it is to have appeals by the State of South Dakota briefed and argued by the Attorney General’s office; however, this ease was briefed and then argued by the State’s Attorney of Union County at the State Capitol.

In his argument, the State’s Attorney lamented that lacking a manslaughter conviction “all we can do is to go careless driving” and “get a fine out of him.” The implication was clear (and he so argued): South Dakota should have some law on the books to prosecute an offender whose criminal acts fall between “manslaughter” and “careless driving” — if “reckless driving” does…