Kelley v. South Dakota Board of Pardons & Paroles

[¶ 10.] Under our recent decision in Mann v. South Dakota Board of Pardons & Paroles, 2015 S.D. 13, 861 N.W.2d 511, the Board of Pardons and Paroles’ revocation of the circuit court’s suspended sentence must be affirmed. I write to suggest that this Court’s cases may have strayed from constitutional and statutory limitations on the Board’s power to condition and revoke a circuit court’s suspended sentence. Because this question has not been briefed and argued, we should consider it in a future case when it is properly presented.

[¶ 11.] The South Dakota Constitution delegates to the circuit…