KDLT Home KDLT on Facebook KDLT on Twitter Get the KDLT iPhone App Get the KDLT Android App

Piper's Case Back In Supreme Court



Bookmark and Share

For the third time a man's death sentence has made its way to the South Dakota Supreme Court.

In 2000 Briley Piper was charged with the murder of Chester Allen Poage in spearfish. Piper plead guilty to the charges, but his lawyer feels he wasn't given a clear explanation of his situation before he was sentenced by a judge.

“Why wouldn't we insist that before we kill somebody we give them correct advice,” said Steve Miller.

Briley Piper's crime was heinous.

“Allen Poage was assaulted with a gun, kicked, bound, poisoned with acid, kidnapped,” described the Assistant Attorney General Paul Swedlund.

But, that wasn’t the issue, Tuesday.

The Supreme Court overturned piper's death penalty ruling in 2011. But, he was still sentenced to death after a jury sentencing.

His two accomplices were Elijah Paige and Darrell Hoadley. Paige pleaded guilty and was executed in 2007. Paige, like Piper chose to be sentenced by the court. Hoadley pleaded not guilty and was given a life sentence by a jury.

Piper's attorney says before entering a plea and being given the death penalty, he was given misleading advice. He also said Piper thought if he were to plead guilty he would be sentenced by the court and wouldn't have the right to be sentenced by a jury.

Piper and his attorneys feel this is why he should have been able to change his guilty plea.     

“Judge Johnson told him that waiver of a jury was a consequence of his plea. Judge Johnson affirmed what his lawyers had told him,” stated Miller.

“Statutory warnings are given to Piper as they were, then it's not incumbent upon the court to correct defense strategy. The trial court doesn't sit as an arbiter,” said Swedlund.

But, the state feels Piper received a clear explanation of his situation.

“Do you want to proceed with court sentencing? The court offered him a jury sentencing immediately before they commenced the sentencing. This put Piper on notice,” said Miller.

South Dakota's high court hears Piper's case again, with his attorney’s hoping for a new trial.

   A decision won't be made for another couple of months.


< Prev Story Back To Top Next Story >
     

How Do You Think The Events Center Looks?  story with video

City leaders have made their feelings known about the rippling of the panels ...

Ordinance To Ban Roaming Cats Fails In Brookings

Cats in Brookings are still free to roam the city.     A proposed ordinance that ...

Another Car Versus Bike Crash In Sioux Falls

There has been another car versus bicycle crash in Sioux Falls. It happened a little after ...

Sioux Falls Updates Bicycle Safety Plan  story with video  Jul. 23

Hundreds of Cars To Appear At Canton Car Show  Jul. 23

Update: SF Police Find Missing Woman  Jul. 23

Man Ordered To Prison For Robbing Spearfish Store  Jul. 23

Minnesota Hires Top Medical Pot Official  Jul. 23

DNR Announces Plans For 'Conservative' Deer Season  Jul. 23

Great Plains Zoo Duck Dabbles In The Arts  Jul. 23

Unauthorized Charges Linked To Fair Tickets  Jul. 23

South Dakota PUC Rules Against Wind Power Producer  Jul. 23

Meade County Road Collapse Hampering Traffic  Jul. 23

Formerly Unstable Deadwood Building Has New Life  Jul. 23

Beresford Girl Wins Trip To The White House   story with video  Jul. 23

Quarry In SF Will Operate For 15 More Years  story with video  Jul. 23

City Leaders Learn More About 'Ripple Effect'   story with video  Jul. 22

Fulton Woman's Death Not Suspicious   Jul. 22

SBA Reaches Out To Storm Victims  story with video  Jul. 22

City Inspecting Sump Pumps In SF Homes  story with video  Jul. 22

KDLT News Archive
     

Update: SF Police Find Missing Woman

Sioux Falls Police have found a missing person. Tori Jean Bruggeman ...

Another Car Versus Bike Crash In Sioux Falls

There has been another car versus bicycle crash in Sioux ...

Quarry In SF Will Operate For 15 More Years  story with video

If you've ever been to Sioux Falls, and driven near Madison ...

Unauthorized Charges Linked To Fair Tickets  Jul. 23

South Dakota PUC Rules Against Wind Power Producer  Jul. 23

Sioux Falls Updates Bicycle Safety Plan  story with video  Jul. 23

Formerly Unstable Deadwood Building Has New Life  Jul. 23

Meade County Road Collapse Hampering Traffic  Jul. 23

KDLT News Archive
     

Brookings, SF West make State "A" Legion Tournament

The Brookings Bandits beat Watertown 12-7 Wednesday at the Region 1-A Legion ...

Birds drop 3rd straight at St. Paul

For a second straight game, the Sioux Falls Canaries (22-43) saw their ...

Scheels Plays of the Week from July 14th-20th  story with video

Kelly Stewart has your Scheels Plays of the Week from July 14th-20th. ...

Donohue's 67 highlights final day at State Junior Golf  story with video  Jul. 22

Tuesday's Legion Region recap  story with video  Jul. 22

SDSU names Wood new softball coach  Jul. 22

Birds fall at St. Paul  Jul. 21

Tough day for Spirit Lake and Lemars at state softball  story with video  Jul. 21

KDLT Sports Stories
     
Back To Top