Legal Opinion
State v. Toohey
South Dakota Supreme Court
Decided June 20, 2012No. 26073PublishedCited by 21 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] A jury found Leonard Alan Too-hey guilty of first degree rape of a child. On appeal, he asserts that the child victim was not available for cross-examination as required under the Confrontation Clause, that the circuit court abused its discretion when it admitted evidence of other acts, and that there was insufficient evidence to support proof of penetration.
Background
[¶2.] On June 9, 2010, C.M. and her daughter, K.M. (age ten), went to the post office. K.M. decided to wait in the car while her mother went inside. In the post office, C.M. ran into Toohey. He and his…
2Cases cited39 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Crawford v. WashingtonSupreme Court of the United States · 2004
- California v. GreenSupreme Court of the United States · 1970
- Delaware v. FenstererSupreme Court of the United States · 1985
- Kentucky v. StincerSupreme Court of the United States · 1987
34 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. CarterSouth Dakota Supreme Court · 2023
- State v. Medicine EagleSouth Dakota Supreme Court · 2013
- State v. BrendeSouth Dakota Supreme Court · 2013
- State v. SpaniolSouth Dakota Supreme Court · 2017
- State v. JohnsonSouth Dakota Supreme Court · 2015
16 more not listed; retrieve them via the Exa API.