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Legal Opinion

State v. Rice

South Dakota Supreme Court

Decided March 2, 2016No. 27385PublishedCited by 45 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.,[¶1.] Kevin James Rice appeals the circuit court’s imposition of an 80-year sentence for one count of first-degree manslaughter. Rice asserts his sentence violates the Eighth Amendment’s prohibition agaipst cruel and unusual punishment. We affirm. .

Facts and Procedural History

[¶ 2.] On December 2, 2013, Sioux'Falls resident Jason LaBeau returned home after work to discover two: intruders in his home attacking his 20-year-old son,’ Jordan. After Jason rushed to Jordan’s aid, one of the intruders produced a pistol and shot both Jason and Jordan. After the shooting,…

2Cases cited16 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. Ewing v. CaliforniaSupreme Court of the United States · 2003
  4. Witte v. United StatesSupreme Court of the United States · 1995
  5. State v. BonnerSouth Dakota Supreme Court · 1998

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3Cited by45 opinions

  1. State v. BauschSouth Dakota Supreme Court · 2017
  2. State v. DelehoySouth Dakota Supreme Court · 2019
  3. State v. DelehoySouth Dakota Supreme Court · 2019
  4. State v. DiazSouth Dakota Supreme Court · 2016
  5. State v. ManningSouth Dakota Supreme Court · 2023

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

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