· 5/3/1978
Northwestern Public Service Co. v. Cities of Chamberlain, Huron, Mitchell, Redfield, Webster, & Yankton
Citations
- 265 N.W.2d 867
- 1978 S.D. LEXIS 260
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declining to issue advisory opinion on double jeopardy issue that was not yet ripe
- finding the prosecutor did not misstate the law in closing arguments \in the context of the entire closing argument and in conjunction with the instructions given at trial\ so it \need not address the second step of the prosecutorial misconduct analysis\
- issue is not ripe until defendant's capital conviction is overturned and the State attempts to punish defendant again for the same crime
- “When a prosecutor deliberately misstates the controlling law, he or she steps outside the considerable latitude given prosecutors.”
- \The party asserting an abuse of discretion bears the burden of showing such an abuse of discretion.\
- clearly erroneous standard applies to absence of instruction not requested
Source: CourtListener parenthetical corpus (CC0).
Judges: Brandenburg, Dunn, Jones, Morgan, Porter, Wollman, Zastrow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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