Legal Opinion
State v. Draskovich
South Dakota Supreme Court
Decided November 21, 2017No. 28086PublishedCited by 4 opinions
1Opinion of the CourtZinter, Justice
[¶1.] Edward Draskovich was convicted of threatening a judicial officer and disorderly conduct as a result of statements he made in the Minnehaha County Courthouse. The circuit court ruled the statements were “true threats” rather than speech protected by the First Amendment. We affirm.
Facts and Procedural History
[¶2.] The facts are largely undisputed. Draskovich .was convicted in magistrate court of driving under the influence of alcohol, and his pro se appeal to the circuit court was dismissed after he failed to file a brief. On March 7, 2016, he went to the Minnehaha County Courthouse to…
2Cases cited8 opinions
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- Virginia v. BlackSupreme Court of the United States · 2003
- Watts v. United StatesSupreme Court of the United States · 1969
- United States v. Regina Rene DinwiddieCourt of Appeals for the Eighth Circuit · 1996
- John Doe, a Minor, by His Mother and Next Friend, Jane Doe v. Pulaski County Special School DistrictCourt of Appeals for the Eighth Circuit · 2002
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3Cited by4 opinions
- Counterman v. ColoradoSupreme Court of the United States · 2023
- Counterman v. ColoradoSupreme Court of the United States · 2023
- State v. TaupierSupreme Court of Connecticut · 2018
- State v. ArmstrongSouth Dakota Supreme Court · 2020