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South Dakota has the highest rate of juvenile incarceration in the nation, a report says. According to a report released Feb. 27 by the Annie E. Casey Foundation, South Dakota's rate of juvenile incarceration was 575 juveniles per 100,000 in 2010, an 8 percent increase from 1997, when the state's rate was 533 juveniles per 100,000. The report's data was collected from a one-day count, conducted by the U.S. Census Bureau, of "young people under the age of 21, assigned a bed in a residential facility," the report says.
NASCAR driver Clint Bowyer has asked a judge to dismiss a Mitchell custom motorcycle builder's lawsuit against him. In court documents filed Feb. 28, Bowyer, 33, and his attorney Steve Sanford, of the Sioux Falls law firm Cadwell, Sanford, Deibert and Garry, motion to dismiss a lawsuit filed last May by Klock Werks Kustom Cycles, because they claim a Davison County court has a "lack of personal jurisdiction" over Bowyer in the case. Klock Werks alleges Bowyer failed to pay $30,788.45 for a motorcycle customized by the Mitchell-based company in late 2008 and early 2009.
SPENCER -- Spencer Quarries has filed a lawsuit seeking more than $48,000 in allegedly unpaid fees from the prime contractor on a state railroad rehabilitation project between Mitchell and Chamberlain. In a complaint filed Monday, Spencer Quarries says Kanza Construction -- a Topeka, Kan., based construction company -- has not paid $48,213.98 owed to Spencer Quarries for materials supplied and work performed between Aug. 9, 2011, and Nov.
HEADLINE Area family dispute goes to SD Supreme Court SUBHEAD Gregory County case involves deceased man's estate VERMILLION -- The South Dakota Supreme Court heard oral arguments Wednesday on a Gregory County case involving a dispute over the distribution of a man's estate between his wife, who is committed to a nursing home, and other family members. The case arose after the death of Eugene Shipman, of Fairfax, on July 31, 2010.
VERMILLION -- Evidence of drunken driving obtained during a traffic stop should be allowed at a trial even if the reason for the stop turned out to be bogus, a prosecutor told the South Dakota Supreme Court. Assistant Attorney General Craig Eichstadt and defense attorney John Steele, representing Brian Amick, of Jerauld County, presented their oral arguments Wednesday to the South Dakota Supreme Court at the University of South Dakota School of Law in Vermillion.
PLANKINTON -- A Plankinton man convicted of sexually abusing a child has lost his appeal. After a three-day trial in February 2012 in Mitchell, 37-year-old Ernest Albert Fisher Jr. was found guilty of multiple counts of child sex abuse. Fisher was sentenced to 60 years in prison with five years suspended for first-degree rape by Judge Sean O'Brien.
PRESHO -- A federal judge has rejected a Presho man's request to move his trial from Pierre to Aberdeen. On Tuesday, U.S. District Judge Roberto Lange denied a motion by 36-year-old Clint Brown and his attorney Edward Albright to move Brown's trial for allegedly being a felon and drug user in possession of a firearm. Brown was indicted on the charge last December. He pleaded not guilty and his trial is scheduled to begin next month. In their motion, Brown and his attorney claimed pretrial publicity of the case would "unfairly prejudice" Brown's right to a fair trial.
VERMILLION -- A child custody battle between Jared Miller, brother of Miami Heat basketball player and Mitchell native Mike Miller, and Jared Miller's ex-wife was presented Tuesday to the South Dakota Supreme Court. Jared Miller's ex-wife, Jessica Ibanez, agreed to terminate her parental rights for the couple's three children in 2009.
VERMILLION -- The attorney for a Winner man convicted of raping and kidnapping a young girl told the South Dakota Supreme Court on Tuesday that evidence of an uncharged sexual assault should not have been admitted at trial. Paul Jensen, attorney for Gabriel Darryn Medicine Eagle Jr., and Assistant Attorney General Kirsten Jasper, the prosecutor, presented oral arguments on the case Tuesday morning to the state Supreme Court, which convened at the University of South Dakota School of Law in Vermillion.
FREEMAN -- In Freeman, it seems all it takes is sausage and potatoes to bring people together. On Saturday, Freeman's Schmeckfest was once again in full swing, as droves of people gathered on the Freeman Academy campus for the distinctly German festival, now in its 55th year. "It has become a huge community undertaking," said Nathan Epp, vice president of Freeman Academy.