SOUTH DAKOTA – The South Dakota legislature enacted a version of Stand Your Law Ground law in 2021 as SDCL 22-18-4.8.  Today, June 11, the SD Supreme Court handed down two decisions which involve the application of this new statue in criminal proceedings.  Both cases involved jury convictions for 1^st Degree Manslaughter. Both cases involve failed efforts by the Defendant to have the trial court dismiss the charges, before submission to a jury.  In both cases, the SD Supreme Court ruled that the trial courts had acted appropriately. 

In State v Bendel, 2025 S.D. 35, the Defendant “repeatedly beat his friend” resulting in death the following day.  The Jury convicted Defendant of 1^st degree manslaughter and the Trial Judge, Hon. Dawn M. Elshere (Circuit Court of Grant County) sentenced Defendant to 60 years in prison, with 20 years suspended.  The primary defense relied upon by Defendant was South Dakota’s new stand your ground law.  The SD Supreme Court had previously rejected an intermediate appeal request by Defendant when the trial court denied his motion to dismiss, asserting statutory immunity under the statute.  Today, the SD Supreme Court affirmed the conviction, again rejecting the stand your ground defense and also rejecting the trial court’s evidentiary ruling in regard to the extent of prior bad acts by the victim.  The Court’s ruling is unanimous (5-0), with opinion authored by Justice DeVaney. This case was submitted to the Court when Justice Kern was on the bench and she agreed to that portion of the decision which addressed the stand your ground law. 

The other case, State v Braveheart, 2026 S.D. 36, arose in Pennington County. The Defendant was convicted of 1^st degree manslaughter, after also unsuccessfully seeking a dismissal based upon the stand your ground defense of immunity under SDCL 22-18-4.8.  The Defense also raised this defense in his Motion for Judgment of Acquittal, which was also denied by the trial judge, Hon. Joshua Hendrickson.  Judge Hendrickson sentenced the Defendant to 30 years in prison.  The SD Supreme Court affirmed, in a unanimous ruling (5-0), with opinion authored by Justice Salter.  Of significance is the fact that the Court holds that the assertion of error in denying the pretrial motion (as well as the assertion of error in denying motion for judgment of acquittal) is “rendered moot by a final judgment of conviction.” This case was submitted to the Court when newly-appointed Justice Gusinsky was on the bench and he is in full agreement.

The SD Supreme Court previously decided a civil case in which the Defendant successfully persuaded the trial court to dismiss the claim for assault and battery filed against him, on the basis of the new stand your ground statute.    In Anderson v Streeter, 2026 S.D. 17, decided March 11, 2026, the Court affirmed the trial court dismissal of the claim, without submission to a jury.  The facts in this case arose in a brouhaha which developed on the site of the Vivos decommissioned military bunkers located in Fall River County, close to Edgemont.  In this case, the civil Defendant had shot the Plaintiff in the chest but thereafter rendered life-saving aid to him.  Although facts were presented to a grand jury, it failed to bring charges for this incident.  

A copy of either or both decisions may be obtained by sending an e-mail request to rogermbaron@gmail.com .