South Dakota Supreme Court
650 N.W.2d 20 (2002)
Shortly after arriving at his grandmother’s mobile home, Thomas John Tuttle (defendant), 18-years-old, and his friend got into a heated argument and shoving match. Several nearby neighbors came out to watch and eventually separate the two. During this time, the police was called to respond to the disturbance. Upon their arrival, the officers observed Tuttle standing near a parked car. After speaking to several people the officers found nothing unusual and prepared to leave. Then, Tuttle’s grandmother approached the officers and asked them to eject some people from within her mobile home. The officers went inside and found the Terrance Yellow Earrings, the boyfriend of Tuttle’s mother, standing by the kitchen sink, bleeding from with multiple stab wounds. Three other individuals were in the trailer at the time: Tuttle’s mother and his two uncles. Yellow Earrings was transported to a hospital and the police took Tuttle and the three individuals inside the mobile home to the station for questioning. Detective Thaddeus Openhowski interrogated Tuttle. During the questioning, Openhowski told Tuttle that his report could be written to make things look good for Tuttle or that “I'm gonna have to write it up that you’re not cooperating, you’re being a real jerk about it.” Tuttle responded by saying, “Ok. I stabbed him. Whatever...” Tuttle was charged with aggravated assault. At trial, Yellow Earrings was the only eyewitness who testified against Tuttle. Tuttle was convicted and he appealed.
Rule of Law
Holding and Reasoning (Konenkamp, J.)
Dissent (Gilbertson, C.J.)
What to do next…
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.
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 237,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.