The following story was written and reported by Evelyn Red Lodge. All content © Native Sun News.

PIERRE, SOUTH DAKOTA — Appellant, Ivan Good Plume, sought resentencing for an assault count claiming Seventh Circuit Judge John J. Delaney made a biased and prejudiced remark during his sentencing – which violated his right to due process.

The South Dakota Supreme Court handed down their opinion late last month.

Court documents allege Good Plume assaulted a man with a shovel after his ex-girlfriend moved in with the man in 2009. He was subsequently charged and convicted in Pennington County where he received an 18-year sentence which included enhanced habitual offender information.

During sentencing, Judge Delaney cited Good Plume’s long list of criminal entries that occurred in a five-year period. Delaney stated most of them involved alcohol, violence, and women.

Delaney then went on to say; “And, I don’t doubt you are extremely bright. I don’t doubt you have a great many good qualities. And, unfortunately, when you drink - and this was not my term. It was used by a young Native American in extremely violent circumstances - and he said go native. Now I am not sure what it means but it smacked of huge violence.”

In the Supreme Court opinion, the justices found: “Although use of the phrase ‘go native’ was undoubtedly ill chosen, in context, the judge’s comments do not explicitly articulate racial bias or prejudice directed toward Good Plume."

South Dakota Supreme Court Decision:
South Dakota v. Good Plume (June 22, 2011)

(Contact Evelyn Red Lodge at HYPERLINK "mailto:welakota@yahoo.com" welakota@yahoo.com)