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STATE v. LARSON

No. 25222.

776 N.W.2d 254 (2009)

2009 SD 107

STATE of South Dakota, Plaintiff and Appellee, v. Steven Carl LARSON, Defendant and Appellant.

Supreme Court of South Dakota.

Considered on Briefs October 5, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Andrew Knecht, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

N. Bob Pesall, Flandreau, South Dakota, Attorney for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Defendant was arrested for simple assault and jailed. Thereafter, he was held for 18 days without a judicial determination of probable cause, in violation of South Dakota law and the United States Constitution. Defendant moved to dismiss. The circuit court denied his motion, but gave him a presumption at trial that his evidence of self defense, which the State declined to preserve, did exist and would have been beneficial to him. Defendant...

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