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Lelia Lorraine Hood

Lelia Hood’s Legal Cases

16 total


  • State of South Dakota v. Red Star, 625 N.W.2d 573, 2001 SD 54.

    Practice Area:
    Appeals
    Date:
    May 02, 2001
    Outcome:
    The client got a new trial.
    Description:
    The South Dakota Supreme Court reversed Mr. Red Star's conviction because the lower court improperly admitted evidence. Fundamental fairness required that a criminal defendant be afforded a meaningful opportunity to present a complete defense.
  • State v. Smallwood, 152 P.3d 821, 2007 -NMSC- 005

    Practice Area:
    Criminal Defense
    Date:
    Feb 02, 2007
    Outcome:
    The death penalty was not allowed.
    Description:
    This appeal was taken from the District Court’s denial of Ms. Smallwood’s Motion to Strike the Death Penalty due to the State filing its Notice of Intent to seek the death penalty eight (8) days late. The Court reversed the District Court eliminating the death penalty from Ms. Smallwood’s case. The State had also contested the jurisdiction of the Supreme Court to entertain this interlocutory appeal. The case made new law in New Mexico by holding that the New Mexico Supreme Court has interlocutory jurisdiction in death penalty cases.
  • State v. Dillon, 2001 SD 97, 632 N.W. 2d 37 (S.D., 2001)

    Practice Area:
    Appeals
    Date:
    Jul 25, 2001
    Outcome:
    Client got a new sentencing hearing.
    Description:
    Client's sentence violated the double jeopardy clause of the United States Constitution.
  • M.B v. Konenkamp, 94 SDO 960, 523 NW2d 94 (SD 1994)

    Practice Area:
    Civil Rights
    Date:
    Jan 01, 1994
    Outcome:
    South Dakota Supreme Court granted the Writ of Prohibition.
    Description:
    M.B., client, sought a writ of prohibition against Circuit Judge John Konenkamp’s order requiring her under SDCL 26 7A 107 to undergo inpatient drug and alcohol abuse treatment at the South Dakota Human Services Center in Yankton, South Dakota.
  • United States v. Toledo, 95 2178 SD, 70 F.3d 988 (8th Cir, 1995), cert. den. 116 S.Ct. 1341, 134 LEd2d 490 (1995)

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 1995
    Outcome:
    The Court concluded that it did have jurisdiction
    Description:
    Toledo claimed the District Court lacked jurisdiction to try him for immigration offenses. Toledo argued that the Oglala Sioux Tribe had exclusive sovereign authority to regulate aliens and immigration on tribal lands.
  • Dussart v. Dussart, 1996 SD 41, 546 N.W.2d 109 (SD 1996)

    Practice Area:
    Divorce & Separation
    Date:
    Jan 01, 1996
    Outcome:
    Remanded for re-determination of alimony and attorney fees.
    Description:
    Client challenged the inadequacy of the trial court’s alimony award and provision of attorney’s fees.
  • United States v. Anthony Clairmont, United States District Court, Dist. of South Dakota, Central Division, CR 97-30116

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 1997
    Outcome:
    The Federal District Court refused to revoke the client's bond.
    Description:
    Bond revocation issue concerning dirty UA. The District Court declined to revoke bond as Defendant proved that the urine sample test result was not a scientifically acceptable “positive” result. United States Probation Officer also thwarted Defendants access to evidence.
  • United States v. Miller, 152 F.3d 813 (8th Cir., 1998) reh’g denied

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 1998
    Outcome:
    The Court of Appeals reversed the District Court.
    Description:
    Inadequate third party consent search of mentally disabled person’s residence by program director. Government appealed District Court’s suppression of evidence seized from Defendant’s apartment located in a building designated for mentally disabled adults.
  • State of South Dakota v. Flip Wilson, Sixth Judicial Circuit, Hughes County Crim. No. 99-224 & 99-340

    Practice Area:
    DUI & DWI
    Date:
    Jan 01, 1999
    Outcome:
    Not guilty and dismissed.
    Description:
    (DUI on a horse) After first trial resulting in a not guilty verdict, the State dismissed the remaining file involving the same horse and rider.
  • State of South Dakota v. Joshua Waldman, Sixth Judicial Circuit, Hughes County Crim. No.

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 2000
    Outcome:
    Not guilty by reason of insanity.
    Description:
    Josh age 18 was stopped for underage drinking in his car. He was armed with a single action 45 revolver and Officer testified that Josh held the loaded weapon to his head and that the gun was in a cocked position. Josh took a police officer to a secluded rural gravel pit where officer escaped and shots were fired. The entire course of events was video and audio recorded. Jurors heard evidence of the police officer begging for his life and Josh threatening to kill the officer over and over again.