South Dakota Supreme Court: Trustworthiness Is New Standard For Admitting Confessions

The South Dakota Supreme Court has issued an opinion that gives both sides what they asked for. The state's attorney argued for a new rule to determine whether a defendant's confession is admissible, and the court agreed that the old rule has outlived its usefulness. The defense attorney asked for the old rule to still apply for her client, and the court agreed that it could not in all fairness apply the new rule retroactively in the middle of trial preparation.

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