STATE v. PLUME

No. 25569.

799 N.W.2d 717 (2011)

2011 S.D. 27

STATE of South Dakota, Plaintiff and Appellee, v. Ivan Good PLUME, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 22, 2011.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, John M. Strohman , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Kevin S. Lewis , Rapid City, South Dakota, Attorney for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] Defendant, a Native American, argues that he was denied due process in sentencing when the judge voiced a racial stereotype to describe his violent behavior under the influence of alcohol. The judge used the term "go native." In defendant's view, the remark was "improper" and "gave the impression of bias and prejudice" entitling him to resentencing before another judge. Although the term was ill chosen, upon examining the judge's entire...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases