State v. Medicine Eagle

[¶ 66.] I join the Court’s opinion on Issues 1 and 2, but I dissent on Issue 3 (vacating Medicine Eagle’s sentences). On Issue 3, I agree with Judge Salter and Justice Konenkamp that the error alleged in the part II information proceedings involved the question of statutory authority rather than the circuit court’s subject matter jurisdiction. Judge Salter’s federal authorities highlight that distinction. I write to explain why South Dakota’s constitution, statutes, and precedent also require recognition of the distinction. My only disagreement with Judge Salter’s analysis is his additional…