This post is a reprint of an article to be published in the next issue of The Barrister Magazine[1] by John R. Murphy, J.D., With Research Conducted by Bradley Richardson (U.S.D. School of Law) Several months ago I was able to attend one of the Governor’s Criminal Justice Stakeholder Meetings. These meetings have occurred throughout the state. The purpose of the meetings was to seek solutions to the pending financial problems the State of South Dakota is facing b…

My last post discussed a recent Supreme Court victory. I represented Kyle Steiner in a habeas corpus action stemming from a child sex abuse case. After years of fighting, Kyle obtained some justice. A week after the Steiner decision was released, the South Dakota Supreme Court issued its decision in State v. Graham. The full text of the decision can be read on my web site, www.murphylawoffice.org. The result in that case, however, was not in our client’s favor. T…

One of the biggest misconceptions among the lay population is the role of the Miranda advisement in the criminal justice system. This comes from the inaccurate way in which most TV programs address Miranda. In shows like Law & Order, the police read just about everyone their Miranda rights prior to questioning. And, if the cops forget to do so, in a moment of dramatic fury, the judge dismisses the case based on this “technicality.” That isn’t the way it works…

Two days ago the National Public Radio show “On The Media” had an excellent radio program on the same topic as my blog last week. The interviewer did an excellent job of covering both sides of the topic. Included in her piece are interviews with attorneys representing Amy and Mr. Paroline. You can listen to it at: http://www.onthemedia.org/story/new-frontiers-child-porn-law/.

The South Dakota Supreme Court issued an opinion late last week that highlights some of the problems and injustices that occur within the criminal justice system. It is truly sad when a person such as the defendant, Jason Toben, must sit in prison for years based on mistakes that no one really disputes. Toben worked in a bar in a small town in South Dakota. The bar sold synthetic marijuana products. In 2012, South Dakota passed emergency legislation that outlawed…