STATE v. ROBERT

No. 26213.

814 N.W.2d 122 (2012)

2012 S.D. 27

STATE of South Dakota, Plaintiff, v. Eric Donald ROBERT, Defendant.

Supreme Court of South Dakota.

Decided April 11, 2012.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Paul S. Swedlund , Assistant Attorney General, Pierre, South Dakota, Attorneys for Plaintiff.

Mark Kadi , Minnehaha County Public Advocates, Sioux Falls, South Dakota, Attorneys for Defendant.

Randal E. Connelly , Rapid City, South Dakota, Amicus Curiae.


GILBERTSON, Chief Justice.

[¶ 1.] Eric Robert is currently under a sentence of death entered by a circuit court judge of the Second Judicial Circuit. He has not filed an appeal to this Court and the time to do so has expired. Nevertheless, this Court in this case is statutorily mandated by SDCL 23A-27A-12 to consider:

(1) Whether the sentence of death was imposed under the influence of passion, prejudice,...

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