Legal Opinion · Concurrence

Halverson v. State

South Dakota Supreme Court

Decided August 6, 1985No. 14549Published

1ConcurrenceHenderson, Justice

(specially concurring).

I do not wish to be obdurate to such an innocent pleasure as sleep, but I stoutly maintain it should be confined to the bedroom and not the courtroom when an attorney is charged with protecting the constitutional rights of his client. It is written: “Sleep, the brother of death.” [Hesiod: *467Theogony (8th Century B.C.)]. William Shakespeare, in Macbeth II. iii, described it as “downy sleep, death’s counterfeit.” So sleep has been characterized as akin to death, at least temporary death, for centuries. It is another world. And it doesn’t belong in the courtroom.

Counsel…

2Cases cited4 opinions

  1. United States v. Joseph Ward EasterCourt of Appeals for the Eighth Circuit · 1976
  2. Honomichl v. StateSouth Dakota Supreme Court · 1983
  3. High Elk v. StateSouth Dakota Supreme Court · 1984
  4. State v. TigerSouth Dakota Supreme Court · 1985

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