State of South Dakota v. Clements

832 N.W.2d 485 (2013)

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State of South Dakota v. Clements

South Dakota Supreme Court
832 N.W.2d 485 (2013)

Facts

Michael Clements (defendant) married Kristi Anderson on December 6, 2009, and Anderson filed for divorce on April 15, 2011. Before the divorce was finalized, Clements and Alicia Bjerke applied for and received a marriage license on June 14, 2011. On the same day, Clements and Bjerke were married by the county officials. On August 4, 2011, the State of South Dakota (plaintiff) charged Clements with bigamy under S.D. Cod. L. 22-22A-1. Clements moved to dismiss, arguing the state failed to state a charge. The trial court initially granted the motion but subsequently withdrew the decision. The state filed an information charging Clements with bigamy on January 30, 2012. Clements pleaded not guilty and moved to dismiss. The trial court granted the motion, and the state appealed to the South Dakota Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Severson, J.)

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