Legal Opinion
State v. Gehrke
South Dakota Supreme Court
Decided August 14, 1991No. 17194PublishedCited by 9 opinions
1Opinion of the Court
SABERS, Justice.
Defendant appeals his conviction of aggravated assault, claiming that: (1) the information charging him was insufficient; (2) the sentence was improperly enhanced under the habitual offender statute; and (3) the sentence constitutes cruel and unusual punishment.
Facts
In the fall of 1989, John Gehrke (defendant) offered a witness in a criminal trial $150 to change her testimony. He was subsequently charged with tampering with a witness in violation of SDCL 22-11-19, a felony.
On January 8, 1990, while free on bail and awaiting trial on the witness-tampering charge, defendant…
2Cases cited22 opinions
- State v. LogueSouth Dakota Supreme Court · 1985
- State v. HannahArizona Supreme Court · 1980
- State v. ReutterSouth Dakota Supreme Court · 1985
- United States v. Balascsak, Robert J.Court of Appeals for the Third Circuit · 1989
- State v. LaytonSouth Dakota Supreme Court · 1983
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gargliano v. StateCourt of Appeals of Maryland · 1994
- State v. AllisonCourt of Appeals of Oregon · 1996
- State v. GehrkeSouth Dakota Supreme Court · 1992
- State v. VatneSouth Dakota Supreme Court · 2003
- Burdge v. BellequeCourt of Appeals for the Ninth Circuit · 2008
4 more not listed; retrieve them via the Exa API.