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2004 S.D. 36

State v. Janklow

South Dakota Supreme Court

Decided March 15, 2004

South Dakota Supreme Court · decided 2004-03-15

Cited by 3 later decisions — most recently November 2012

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2004-03-15

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BASTIAN, Circuit Judge,

¶1concurring specially.

¶2[¶ 22JSDCL 23A-43-4 requires the trial court to consider several factors including “the nature and circumstances of the offense charged[.]” I specially concur to point out that the impact of a crime on the victims is inextricably connected to the nature and circumstances of the offense, particularly in post-conviction analysis. It was not improper for the trial court to consider the interests of the victim’s family in conjunction with this mandatory factor.

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