Legal Opinion

State v. Hoffman

South Dakota Supreme Court

Decided July 15, 1987No. 15358, 15393, 15417, 15420, 15423 and 15533PublishedCited by 43 opinions

1Opinion of the Court

MORGAN, Justice.

The defendants in this consolidated action appeal denial of the motions to dismiss their respective cases due to State’s failure to comply with the provisions of SDCL 23A-44-5.1, the so-called 180-day rule. We reverse and remand with instructions.

SDCL 23A-44-5.1 provides:

The prosecution shall dispose of all criminal cases by a plea of guilty or nolo contendere, trial or dismissal within one hundred eighty days from the date the defendant has first appeared before a judicial officer on the complaint or indictment. Any period of delay shall be excluded if the trial court finds…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Goodroad v. SolemSouth Dakota Supreme Court · 1987
  3. Rhinehart v. Municipal CourtCalifornia Supreme Court · 1984
  4. United States v. E. John WentlandCourt of Appeals for the Fifth Circuit · 1978
  5. State v. HolidaySouth Dakota Supreme Court · 1983

4 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. State v. PellegrinoSouth Dakota Supreme Court · 1998
  2. State v. Shilvock-HavirdSouth Dakota Supreme Court · 1991
  3. Baatz v. Arrow BarSouth Dakota Supreme Court · 1988
  4. State v. LowtherSouth Dakota Supreme Court · 1989
  5. State v. WimberlySouth Dakota Supreme Court · 1991

38 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API