Legal Opinion
State v. Schouten
South Dakota Supreme Court
Decided December 14, 2005No. NonePublishedCited by 20 opinions
1Opinion of the Court
GILBERTSON, Chief Justice.
[¶ 1.] While incarcerated at the State Penitentiary, Brian Donald Schouten was charged with one count of Assault by Inmate — Intentionally Causing Contact with Bodily Fluids or Human Waste under SDCL 22-18-26 for spitting on a correctional officer. Schouten pleaded not guilty and attempted to introduce evidence of diminished capacity at his jury trial, contending SDCL 22-18-26 is a specific intent crime. The trial court determined the crime is one of general intent, and granted the State’s motion in limine to bar Schouten from presenting evidence of diminished…
2Cases cited21 opinions
- United States v. BaileySupreme Court of the United States · 1980
- Martinmaas v. EngelmannSouth Dakota Supreme Court · 2000
- United States v. James TwineCourt of Appeals for the Ninth Circuit · 1988
- United States v. Paul FazziniCourt of Appeals for the Seventh Circuit · 1989
- United States v. James A. KimesCourt of Appeals for the Sixth Circuit · 2001
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. MulliganSouth Dakota Supreme Court · 2007
- State v. BirdsheadSouth Dakota Supreme Court · 2015
- State v. Plenty HorseSouth Dakota Supreme Court · 2007
- State v. BordeauxSouth Dakota Supreme Court · 2006
- State v. DanielsonSouth Dakota Supreme Court · 2012
15 more not listed; retrieve them via the Exa API.