Legal Opinion

State v. Johnson

South Dakota Supreme Court

Decided June 20, 2001No. NonePublishedCited by 14 opinions

1Per curiam

[¶ 1.] John Wesley Johnson appeals his conviction for third degree rape. Based on juror misconduct, we reverse and remand for a new trial.

FACTS

[¶ 2.] At the time of these events, Johnson was forty-three years of age and the victim was fifteen. On January 31, 1999, a guest at a Super Bowl party the two were attending allegedly caught Johnson in a bedroom having sex with the victim. The victim subsequently reported the incident to the authorities and an investigation followed. As a result, Johnson was charged with one count of third degree rape. 1 The victim testified at Johnson’s jury trial…

2Cases cited11 opinions

  1. Plessy v. FergusonSupreme Court of the United States · 1896
  2. Parker v. GladdenSupreme Court of the United States · 1966
  3. United States of America Ex Rel. James C. Haynes v. Charles L. McKendrick Warden, Wallkill State Prison, Walkill, New YorkCourt of Appeals for the Second Circuit · 1973
  4. Carl Miller, Artis P. McClain and Larry Campanella Clark v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1978
  5. Tobias v. SmithDistrict Court, W.D. New York · 1979

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

3Cited by14 opinions

  1. State v. LoftinSupreme Court of New Jersey · 2007
  2. State v. BallSouth Dakota Supreme Court · 2004
  3. State v. HidanovicNorth Dakota Supreme Court · 2008
  4. State v. DillonSouth Dakota Supreme Court · 2010
  5. State v. NelsonSouth Dakota Supreme Court · 2022

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

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