Latest Case: State v. Vortherms (Civil Rights)

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SHERRY F. COLB

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State v. Vortherms

Citation: 2020 S.D. 67

Opinion Date: December 2, 2020

Judge: Jensen

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction of two counts of vehicular homicide, one count of vehicular battery, and driving while under the influence of alcohol, holding that the circuit court did not commit error in the proceedings below. On appeal, Defendant argued that the circuit court erred in denying his motion to suppress a warrantless blood draw and asked the Supreme Court to review his ineffective assistance of counsel claims on direct appeal. The Supreme Court affirmed, holding (1) the circuit court did not err when it denied Defendant's motion to suppress his warrantless blood draw; and (2) Defendant's ineffective assistance of counsel claim is not cognizable on direct appeal.