State v. Willis

MORGAN, Justice.

On June 7, 1984, Kenneth A. Willis (Willis) was found guilty by a jury of two counts of rape in the first degree. Willis unsuccessfully appealed the decision (see State v. Willis, 370 N.W.2d 193 (S.D.1985)), but during this appeal process new evidence was discovered which Willis claims should entitle him to a new trial. The initial hearing on the motion for a new trial was held in September of 1984, but the trial court refused to rule on the motion because of the pending appeal before this court. In October of 1985, after the determination of the unsuccessful appeal, the trial…