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State v. Roberts

Citations

  • 384 N.W.2d 688
  • 1986 S.D. LEXIS 231

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding assessment scheme and penalty too onerous to be legitimate revenue raising tool and violations of act quasi-criminal in nature
  • holding unconstitutional controlled substances tax act that allowed release of taxpayer information to authorities on request
  • holding statute's tax purpose a pretext to applying an additional penalty for drug offenses
  • statute allowing release of tax information to law enforcement officials created substantial risk of self-incrimination
  • “We believe the clear import of [the drug stamp tax statute] is to incriminate, and thus the chapter is unconstitutional.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Morgan, Fosheim, Wuest, Hertz, Henderson, Sabers

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

4 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.