STATE v. TAPIO

Nos. 16283, 16285, 16320 and 16323.

432 N.W.2d 268 (1988)

STATE of South Dakota, Plaintiff and Appellant, v. Robert Dean TAPIO and Blaine John Brings Plenty, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 30, 1988.


Attorney(s) appearing for the Case

Wade A. Hubbard, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Roger A. Tellinghuisen, Atty. Gen., and Thomas H. Harmon, Deputy Atty. Gen., Pierre, on brief.

George E. Grassby, Rapid City, for defendant and appellee Robert Dean Tapio.

James F. Margadant, Rapid City, for defendant and appellee Blaine John Brings Plenty.


MILLER, Justice.

In this consolidated intermediate appeal, we reverse the orders of the trial court which (1) reinstated a disqualified judge to preside over two criminal actions, (2) removed the state's attorney and his staff from prosecuting the actions, and (3) required the attorney general to assume prosecution of the actions. We affirm that part of the trial court's orders raised by notice of review, which denied defendants Robert Dean Tapio's and Blaine John...

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