Legal Opinion

State v. Wimberly

South Dakota Supreme Court

Decided March 20, 1991No. 16987PublishedCited by 39 opinions

1Opinion of the Court

WUEST, Justice.

Will Wimberly appeals his conviction of first degree rape.1 We reverse and remand for a new trial.

On February 18, 1989, around 8:00 or 8:30 p.m., Willie Calvin Jackson (Calvin), Arthur Lee Jackson (A.J.) and Will Wim-berly (Wimberly) picked up M.S. at her grandmother’s house and went driving around downtown Rapid City, South Dakota. Calvin and A.J. are brothers and both were acquaintances of M.S., a fourteen-year-old 8th grader. M.S. had met Wim-berly on a previous occasion, but did not know his name at the time she joined the threesome in the car. While driving around, all…

2Cases cited25 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. People v. CastroNew York Supreme Court · 1989
  3. State v. SchwartzSupreme Court of Minnesota · 1989
  4. Caldwell v. StateSupreme Court of Georgia · 1990
  5. State v. LogueSouth Dakota Supreme Court · 1985

20 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Kelly v. StateCourt of Criminal Appeals of Texas · 1992
  2. State v. CauthronWashington Supreme Court · 1993
  3. Taylor v. StateCourt of Criminal Appeals of Oklahoma · 1995
  4. State v. MoellerSouth Dakota Supreme Court · 1996
  5. Springfield v. StateWyoming Supreme Court · 1993

34 more not listed; retrieve them via the Exa API.

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