State v. Maves

DISSENT

“Notwithstanding the need for efficiency, a joint trial is inappropriate if it sacrifices a defendant’s right to a fair trial.” State v. Reiman, 284 N.W.2d 860, 866 (S.D.1979). The ease herein provides another example of a situation wherein judicial economy must be delegated a lesser priority in order to promote justice. (See my dissent in State v. No Heart, 353 N.W.2d 43, 49 (S.D.1984).) I dissent on the affirmance of the order of joinder, which order was entered upon motion by the State and after stiff resistance by defendants.

Three defendants were charged separately with perjury by…