Legal Opinion
State v. Lafferty
South Dakota Supreme Court
Decided June 14, 2006No. 23772PublishedCited by 12 opinions
1Opinion of the Court
MEIERHENRY, Justice.
[¶ 1.] This case involves a claim of double jeopardy. After a jury acquitted Joseph Lafferty (Lafferty) of second-degree rape, the State of South Dakota charged him with third-degree rape. Both charges were based on the same alleged incident. The trial court concluded that the third-degree rape charge violated double jeopardy and dismissed the charge. The State appeals. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
[¶ 2.] The charges against Lafferty arose from allegations by T.T., a fifteen year-old female, that Lafferty sexually penetrated her on March 15, 2004. On March…
2Cases cited11 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- Green v. United StatesSupreme Court of the United States · 1957
- Garrett v. United StatesSupreme Court of the United States · 1985
- State v. DillonSouth Dakota Supreme Court · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. JohnsonSouth Dakota Supreme Court · 2007
- State v. MuhmSouth Dakota Supreme Court · 2009
- State v. FIFTEEN IMPOUNDED CATSSouth Dakota Supreme Court · 2010
- State v. GarzaSouth Dakota Supreme Court · 2014
- State v. ThomasonSouth Dakota Supreme Court · 2015
7 more not listed; retrieve them via the Exa API.