South Dakota Attorney General Marty Jackley praised two Supreme Court rulings clarifying that denied self‑defense immunity claims cannot be appealed after a conviction.
In State v. Bendel (2026 S.D. 35) and State v. Braveheart (2026 S.D. 36), the Court held that challenges to immunity under SDCL 22‑18‑4.8 become moot once a case proceeds to trial and ends in conviction. Defendants must seek review before trial; after a guilty verdict, courts cannot revisit the lower‑burden pretrial immunity decision.
Both cases involved fatal confrontations and resulted in first‑degree manslaughter convictions, which the Court affirmed, finding sufficient evidence to reject self‑defense claims.
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