Paul Swedlund

SD Department of Corrections

The execution date for South Dakota inmate Charles Rhines is set for the week of Nov. 3. The warden will announce an exact day and time 48 hours ahead of time.

Rhines is seeking clemency from the governor and wants mental health experts to examine him to bolster his case. The prison warden has refused to allow it, and a federal circuit court upheld the warden's position.

Rhines took the issue to the Eighth Circuit Court of Appeals in St. Louis on Thursday, Sept. 26.

SDPB's Victoria Wicks has this report.

SD Department of Corrections

In 2014 the warden at the South Dakota State Penitentiary enacted a more stringent policy restricting access to obscene materials.

Inmate Charles Sisney sued in U.S. Federal District Court in Sioux Falls, leaving that court to balance an inmate's civil rights against the need to maintain a safe and orderly institution.

Under the newest policy, not only pictures are banned, but also prose. And images that can be banned include nudity in any context, including art or modern photography.

SD Department of Corrections

Annie Mae Aquash was found dead on the Pine Ridge Reservation in February 1976, killed by a bullet to the back of her head, but no one was charged with the crime for almost 30 years. Then two defendants were tried and convicted.

One of them, John Graham, has lost another appeal.

Graham was extradited from Canada in 2007 after he was implicated by his codefendant.

SD Department of Corrections

An inmate on death row for nearly 25 years has argued to the Eighth Circuit Court of Appeals that his lawyers did not adequately represent him.

Charles Russell Rhines says his lawyers should have given the jury more information about his mental health issues at his trial in 1993. He says if they had, the jury might not have sentenced him to die.

SD Department of Corrections

The South Dakota Supreme Court has upheld the murder conviction of Joseph Patterson. He was convicted in 2015 of killing the two-year-old son of Ashley Doohen and former Minnesota Vikings running back Adrian Peterson. The case made national headlines.

Justices have issued a unanimous opinion that the Second Circuit trial court did not make reversible errors, and the conviction stands. SDPB's Victoria Wicks has this report.

Russell Ray Bertram was convicted of first-degree murder in 2016. A jury found that he intentionally killed his girlfriend with a shotgun while they were hunting in Gregory County in 2009.

Bertram appeals his conviction on two points. He says the prosecution should not have been allowed to introduce evidence of his infidelity to his girlfriend. And he says the judge should have allowed the jury to know he had taken a polygraph.

The South Dakota Supreme Court heard arguments in the case on Wednesday, Oct. 4. SDPB's Victoria Wicks reports.

Andrew Bork, SDPB

A Second Circuit judge ruled earlier this year that a newly constructed house in the McKennan Park Historic District of Sioux Falls has to be remodeled or torn down. The homeowners have appealed that decision to the South Dakota Supreme Court. Justices heard oral arguments Tuesday, Oct. 3. Homeowners contend that a monetary settlement should suffice. But neighbors say the huge house is a nuisance.

In a case that made national headlines in 2015, Joseph Patterson was convicted of murdering the two-year-old son of former Minnesota Vikings running back Adrian Peterson.

Patterson appealed his conviction to the South Dakota Supreme Court, who heard arguments Monday, Oct. 2.

At trial, the state brought out testimony that Patterson had a history of harshly punishing other children. Patterson says the evidence unfairly impugned his character. But the state says it was legitimately used to prove motive and absence of accident.

SDPB's Victoria Wicks has this report.

Courtesy of Annette Bosworth/SDPB file photo

Two years ago, Annette Bosworth was a candidate for the U.S. Senate. One year ago, she was convicted of perjury. Today, Nov. 8, the South Dakota Supreme Court heard oral arguments in her appeal.

While a candidate, Bosworth verified that she circulated nominating petitions, when in fact she was in the Philippines at the time the signatures were collected.

She now claims that her felony conviction goes beyond what her actions merit. But the prosecutor says she lied on official state documents, and her conviction is solid.

SDPB's Victoria Wicks reports.

The South Dakota Supreme Court starts its October term with a full docket. Its first argument heard Monday, Oct. 3, is an appeal from Maricela Diaz. She was convicted in January 2015 of murdering an acquaintance by stabbing her and then lighting her on fire in the trunk of a car. Diaz was fifteen years old at the time of the crime.

The SD Supreme Court is holding its October term at Northern State University in Aberdeen. Oral arguments continue Oct. 4 and 5.

SDPB's Victoria Wicks has this report.