Florey v. Sioux Falls School District 49-5

How later courts describe this case

• upholding rules permitting public school Christmas observances with religious elements as promoting an articulated secular purpose
• upholding regulations governing the teaching in public schools about religious meaning and traditions of holidays
• rejecting First Amendment challenge to school board policy statement and rules relating to public school programs in observance of religious holidays
• no mitigating factors; death sentence affirmed upon finding that defendant had previous convictions punishable by life or death and that those previous convictions were violent felonies
• "The statute does not indicate the degree of certainty with which these circumstances must be established."
• even though appellant’s objection did not preserve error and his motion to quash was insufficient we also noted that appellant failed to demonstrate harm resulting from improper jury procedures
• attorney’s contingent fee should be calculated on net recovery after satisfaction of compensation lien