Hard Cases

JOSEPH MARGULIES

Cornell law professor Joseph Margulies uses the killing of Rayshard Brooks in Atlanta by police to explain some lessons for reform we might learn. Margulies calls upon us to use this case to reexamine the circumstances that should result in a custodial arrest and to shrink the function of police so as to use them only in the very few situations that truly require them.

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State v. Mousseaux

Citation: 2020 S.D. 35

Opinion Date: June 17, 2020

Judge: Kern

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed Defendant's the order of the circuit court granting Defendant's motion to suppress evidence obtained as a result of Defendant's arrest, holding that the circuit court erred when it refused to consider the application of the attenuation doctrine and suppressed the evidence. Defendant was charged with possession of methamphetamine and false impersonation. Before trial, Defendant moved to suppress the evidence obtained as a result of her interaction with police officers on the grounds that the officers lacked reasonable suspicion to detain her. The circuit court granted the motion to suppress. Despite the State's argument that the attenuation doctrine applied, the circuit court did not analyze the applicability of the attenuation doctrine. The Supreme Court reversed, holding that because the connection between Defendant's detention and the subsequent search was interrupted by the discovery of the existence of a valid, preexisting and unrelated warrant, the attenuation factors weighed in favor of the State.

Henning v. Avera McKennan Hospital

Citation: 2020 S.D. 34

Opinion Date: June 17, 2020

Judge: Devaney

Areas of Law: Contracts, Labor & Employment Law, Personal Injury

The Supreme Court affirmed the order of the circuit court granting summary judgment for Hospital on Nurse's claims for wrongful discharge, breach of contract, and defamation, holding that summary judgment was proper. Hospital terminated Nurse after it discovered errors in Nurse's documentation of controlled substances and Nurse's inability to account for controlled substances revamped from the dispensing system. Nurse brought suit against Hospital alleging several claims. The circuit court granted summary judgment for Hospital on all claims. The Supreme Court affirmed, holding that summary judgment was properly granted in favor of Hospital.

Hanna v. Landsman

Citation: 2020 S.D. 33

Opinion Date: June 17, 2020

Judge: Devaney

Areas of Law: Contracts

The Supreme Court reversed the order of the circuit court granting summary judgment to Defendant in this breach of contract case, holding that the evidence was sufficient to refute Defendant's argument that the alleged agreement was unenforceable. In granting summary judgment, the circuit court concluded that the alleged agreement relating to the transfer of real property was unenforceable because it was for an unlawful purpose, violated the statute of frauds, and lacked consideration. The Supreme Court reversed, holding (1) the parties' writings sufficiently set forth the substance of the parties' agreement to satisfy the statute of frauds; (2) the circuit court erred when it summarily concluded that the only reason Plaintiff transferred the property was to defraud the IRS; and (3) the evidence was sufficient to refute Defendant's argument that the alleged agreement failed as a matter of law for lack of consideration.