Legal Opinion

State v. Reed

South Dakota Supreme Court

Decided February 14, 1990No. 16536PublishedCited by 21 opinions

1Opinion of the Court

MORGAN, Justice.

James Thomas Reed (Reed) pled guilty but mentally ill (SDCL 23A-27-38) * to first degree rape (SDCL 22-22-1) and was sentenced to twenty-five (25) years in the penitentiary. His sole contention on appeal is that this sentence violates his eighth amendment right against cruel and unusual punishment.

Reed was charged with five counts of first degree rape, one count of attempted first degree rape, and with being a habitual criminal. At his preliminary hearing three children — his ex-wife’s 8-year-old sister, his ex-wife’s 6-year-old daughter, and Reed’s 8-year-old son — described…

2Cases cited8 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. State v. PhippsSouth Dakota Supreme Court · 1982
  3. State v. WeikerSouth Dakota Supreme Court · 1985
  4. State v. PerkinsSouth Dakota Supreme Court · 1989
  5. State v. BonrudSouth Dakota Supreme Court · 1986

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

3Cited by21 opinions

  1. State v. BaskerSouth Dakota Supreme Court · 1991
  2. State v. Shilvock-HavirdSouth Dakota Supreme Court · 1991
  3. State v. HenjumSouth Dakota Supreme Court · 1996
  4. State v. GehrkeSouth Dakota Supreme Court · 1992
  5. State v. LemleySouth Dakota Supreme Court · 1996

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

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