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STATE v. JOHNSON

Nos. 23326, 23327.

691 N.W.2d 319 (2004)

2004 SD 135

STATE of South Dakota, Plaintiff and Appellant, v. Herman L. JOHNSON, Sr., and Herman L. Johnson, Jr., Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 29, 2004.

Attorney(s) appearing for the Case

John H. Fitzgerald, Lawrence County States Attorney and Brooke K. Steele, Legal Intern, Attorneys for plaintiff and appellant.

Lawrence E. Long, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for Amicus Curiae Attorney General.

Joseph Kosel, Deadwood, South Dakota, Attorney for defendant and appellee Herman L. Johnson Sr.

PER CURIAM.

[¶ 1.] The Lawrence County States Attorney appeals the appointment of two separate judges to preside over the criminal trials of Herman L. Johnson, Senior and Herman L. Johnson, Junior, contending such appointments were void from the beginning and improperly severed the trial of these defendants.

FACTS

[¶ 2.] Herman L. Johnson, Senior, (hereinafter Senior) and Herman L. Johnson, Junior...

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