State v. Escalante

I would not darken the lamp of justice by recognizing a de minimis violation as being jurisdictional or prejudicial error. Rather, I would that the lamp of common sense illuminate the proceedings below. There is the letter of the law and the spirit of the law. Truly, the spirit of the law, but not the letter of the law, was fulfilled.

There is no doubt that South Dakota is guilty of sloppy procedure. However, Appellants have been treated fundamentally fair. All state’s attorneys of this state should, in the future, make absolutely sure that a deputy has taken an oath, signed his contract, been…