State v. Schwaller, 2006 SD 30

Summary

The Supreme Court of South Dakota dismissed Schwaller’s direct appeal from her misdemeanor conviction because the conviction was entered by a magistrate court. The court held that appeals from magistrate court generally must proceed first to the circuit court, and that it lacked jurisdiction over the direct appeal.

Holdings

1. The Supreme Court of South Dakota lacks jurisdiction to entertain a direct appeal from a judgment of conviction entered by a magistrate court, except for the statutory exception allowing the State to appeal certain pretrial orders under SDCL 23A-32-5.
2. The magistrate judge had jurisdiction to preside over and determine the misdemeanor action after being appointed by the presiding judge of the circuit.

Questions Presented

1. Whether the South Dakota Supreme Court has jurisdiction over a direct appeal from a misdemeanor conviction entered by a magistrate court with a magistrate judge presiding.
2. Whether a defendant convicted in magistrate court must appeal first to the circuit court.

Disposition

dismissed