State V. Foshay
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The Supreme Court of South Dakota heard the case of Steven Foshay, who was deemed incompetent to stand trial on four criminal charges in 2017. He was committed to a state facility for competency restoration treatment, which remained unsuccessful over the years. In 2021, Foshay requested the dismissal of his charges, citing South Dakota Codified Law (SDCL) 23A-10A-14, which mandates the dismissal of a defendant’s criminal charges when there is no significant probability that the defendant will become competent to proceed in the foreseeable future. The circuit court denied his motion, and Foshay appealed.
The Supreme Court of South Dakota reversed the circuit court's decision. The court found that the circuit court had erred by not dismissing Foshay's charges in accordance with the relevant statute, given the undisputed testimony that there was no substantial probability that Foshay would become competent in the foreseeable future. The Supreme Court remanded the case for the entry of an order dismissing the criminal charges against Foshay. Any further determinations regarding Foshay's commitment would need to be addressed through a civil commitment proceeding.
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