The
SD Supreme Court handed down one decision this morning, holding inter alia:
- Consecutive sentences of 60 years upheld
STATE
v. MANNING, 2023 S.D. 7: Defendant was
convicted by jury of 2 counts of 1st degree rape and 2 counts of
sexual contact with child under 16. The
trial court sentenced Defendant to two 60 year terms in prison, to run
consecutively. The SD Supreme Court affirmed
in a unanimous (5-0) ruling, with opinion authored by Justice Kern. Circuit Judge Rasmussen sat on this case, in
lieu of Justice Myren.
Each
of the following issues were addressed and resolved adversely to the Defendant:
1. Whether the circuit court erred by denying
Manning’s motion for judgment of acquittal on the two rape charges.
2. Whether the circuit court erred by denying
Manning’s motion for judgment of acquittal on the two sexual contact charges in
violation of the constitutional prohibition against double jeopardy.
3. Whether there was improper bolstering of
witnesses at trial by the circuit court and the prosecution.
4. Whether the circuit court improperly closed the
courtroom during the jury selection phase of Manning’s trial.
5. Whether Manning’s sentence violates the Eighth
Amendment or constitutes an abuse of discretion.
6. Whether Manning received ineffective assistance
of counsel.
7. Whether Manning was deprived of a fair trial by
the cumulative effect of the alleged errors
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
