SD Supreme Court Overturns Escape Conviction
May 13, 2010, 11:06 AM
PIERRE, SD -
The South Dakota Supreme Court has overturned one of the escape convictions of a Rapid City man who twice evaded capture for a parole violation.
The high court says Joseph E. Bradley cannot be convicted of first-degree escape for an incident in which he and his girlfriend drove away after law officers ordered them to stop in 2008. The justices say Bradley was not in the immediate custody of an officer at the time, so his actions do not meet the definition of escape.
However, the Supreme Court upheld Bradley's escape and assault convictions for another incident in which he ran from his parole agent's office and left in a car driven by his girlfriend. The high court says that meets the definition of escape because he was in the agent's immediate custody.
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