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SD Supreme Court Upholds Conviction for Threatening a Judicial Officer
PIERRE, S.D. – Attorney General Marty Jackley announced today that the South Dakota Supreme Court has upheld the conviction of Eugene Herman Paulson. In February 2014, Paulson was convicted on one count of threatening or intimidating a judicial officer, one count of offering a false or forged instrument for filing, and one count of uttering simulated process.

The Supreme Court rejected Paulson’s argument that there were insufficient facts to establish his guilt beyond a reasonable doubt. Paulson contended the only possible threat to the Judge was language contained in the memorandum of law from the fictitious “Seventh Amendment Jury”. He argued the document was intended as an educational document to give the reader an understanding how the law and courts are supposed to view violations of various laws. He further argued the memorandum was not his, but created by the so called Seventh Amendment Jury. The South Dakota Supreme Court found that Paulson threatened a judicial officer by offering another’s work, which violates state law. The Court held Paulson’s attempt to legitimize the threat by stringing loose quotations together and claiming he was intending to educate, not threaten, lacked credibility.

The Court also held the State presented sufficient evidence to establish that Paulson offered false documents for filing and uttered simulated process. The Court rejected Paulson’s contentions that documents from the Seventh Amendment Grand Jury were legally binding. When he attempted to file the documents he was doing so to undermine legitimate court judgments.