How did that happen?
The media is reporting today that Dan Sutton got his civil trial moved to his hometown of Flandreau.
How did that happen? I don’t think I’ve seen any reports of the legal basis for the decision. It’s not like Judge Mark Barnett would cut him slack without a legal basis.
Anyone?
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Comments
#2 is correct – generally – but there is a huge exception – a claim for “recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose.” SDCL 15-5-8. Normally the claimant gets to choose the venue on claims for injury to the person (and battery falls in that category) unless the “interests of justice” require a change. Would be interesting to see the pleadings on this. The seminal case in SD on this issue is American Advertising Co. v. State Dept. of Transportation, 280 NW2d 93 (SD 1979), a case in which the prevailing plaintiff was represented by George Mickelson when William Janklow was Attorney General (an assistant AG handled the case).
Maybe Pat Duffy isn’t as dumb as you thought.