South Dakota SCT Finds “No Bias” in Case of Judge Who Referred to Indian Defending as “Go[ing] Native”

Here is the opinion in State v. Good Plume (h/t Legal Profession Blog).

An excerpt:

Defendant, a Native American, argues that he was denied due process in sentencing when the judge voiced a racial stereotype to describe his violent behavior under the influence of alcohol. The judge used the term “go native.” In defendant’s view, the remark was “improper” and “gave the impression of bias and prejudice” entitling him to resentencing before another judge. Although the term was ill chosen, upon examining the judge’s entire remarks, we detect no risk of actual bias based on objective and reasonable perceptions, and thus, we affirm.