State v. Oltmanns

When is a “signal,” as reflected from The Bluehook: A Uniform System of Citation (15th ed.1991), a “true signal?” Please observe the majority’s footnote pertaining to State v. Jenner, 451 N.W.2d 710 (S.D.1990), with the signal “Compare.” And then, immediately following, a detailed explanation of a dissent in Jenner, which was joined by Justice Sabers, who is now the author of this opinion. In my opinion, the footnote unfairly highlights that which has been rejected as the law of this state. It appears that such highlighting is to preserve a supposed vitality in this Court, but vitality it has…