Quimbee logo
DMCA.com Protection Status
From our private database of 15,700+ case briefs...

State v. Lyerla

Supreme Court of South Dakota
424 N.W.2d 908 (1988)

Facts

Lyerla (defendant) became enraged while driving his car on an interstate highway when the driver of a pickup truck would not let him pass. Lyerla decided to leave the interstate and exited but changed his mind when he saw that the truck had stopped nearby. Lyerla loaded his pistol, reentered the interstate, and passed the truck. When the truck tried to pass him, Lyerla fired three shots at the passenger side of the truck. Jensen, the driver, was killed by one of the bullets, but two other girls riding in the truck were unharmed. Lyerla was charged alternatively with first degree murder and second degree murder for the death of Jensen and with two counts of attempted first degree murder and attempted second degree murder of the other two girls. At his trial, Lyerla testified that he feared for his life and shot at the truck in order to disable it. Lyerla was acquitted on all charges of first degree murder and attempted first degree murder, but was convicted of second degree murder for killing Jensen and of attempted second degree murder of the other girls. Lyerla appealed his convictions to the Supreme Court of South Dakota.

Rule of Law

Issue

Holding and Reasoning (Konenkamp, J.)

Dissent (Sabers, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 333,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,700 briefs, keyed to 213 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Here's why 333,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 15,700 briefs - keyed to 213 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Top-notch customer support.