The SD Supreme Court handed down two decisions this morning, holding inter alia:
1) 2nd degree rape conviction affirmed;
2) Aggravated and simple assault convictions affirmed.
Summaries follow:
STATE v. TAYLOR, 2020 S.D. 48:
Defendant was sentenced to 50 years in prison with 20 years suspended
following jury conviction of 2nd degree rape.
The SD Supreme Court affirmed, rejecting numerous assertions of error (“1. Whether the circuit court abused its discretion by allowing
evidence of Taylor’s two prior alleged sexual assaults. 2. Whether the
admission of the other act evidence violated Taylor’s constitutional rights
under the Double Jeopardy and Due Process Clauses. 3. Whether the circuit court
abused its discretion when it denied Taylor’s motion for a mistrial. 4. Whether
the circuit court erred when it denied Taylor’s motion for a judgment of
acquittal. 5. Whether the circuit court’s admission of the forensic laboratory
reports by affidavit under SDCL 23-3-19.3 resulted in prejudicial error. 6.
Whether Taylor’s sentence violates the Eighth Amendment”). This decision is unanimous with opinion
authored by Justice Jensen.
STATE v. BRYANT, 2020 S.D. 49:
Criminal defendant, having been found guilty by jury of multiple counts
of aggravated and simple assault, was sentenced to 12 years in prison, with 3
years suspended and he was also ordered to pay Medicaid $31,246.69 as
restitution for the victim’s medical
expenses. The SD Supreme Court
affirmed. This decision is unanimous,
with opinion authored by Justice Kern.
These decisions may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
