State v. Golliher-Weyer
Annotate this CaseAfter a jury trial, Defendant was convicted of fourth-degree rape. The Supreme Court affirmed on appeal, holding (1) because the record was insufficient to allow for an appropriate review of Defendant’s argument that his trial counsel provided ineffective assistance because she did not understand S.D. Codified Laws 19-19-412; (2) the circuit court did not commit prejudicial error when it concluded that Defendant was not entitled to a hearing under section 19-19-412 because he did not file a motion for a hearing fourteen days before trial; (3) the circuit court did not abuse its discretion when it limited Defendant’s cross-examination of the victim to questions related to the victim’s sexual encounters with Defendant; and (4) the circuit court did not err when it considered Defendant’s juvenile psychological records to determine an appropriate sentence.
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