Latest Case: State v. Nekolite (Criminal Law)

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State v. Nekolite

Citation: 2020 S.D. 8

Opinion Date: February 19, 2020

Judge: Salter

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of hit and run involving an injury, holding that the State was not required to prove that Defendant had knowledge of an accident-related injury. Defendant pled guilty to driving under the influence, second offense, and, after a bench trial, was convicted of felony hit and run. Defendant appealed, arguing that the circuit court erred when it found that S.D. Codified Laws 32-34-5 does not require knowledge of the injury as an essential element. The Supreme Court affirmed, holding that, under the circumstances, the circuit court did not err in determining that knowledge of the injury was not an essential element of a felony hit-and-run offense and denying Defendant's motion for judgment of acquittal.