Legal Opinion

State v. Weaver

South Dakota Supreme Court

Decided July 2, 2002No. NonePublishedCited by 19 opinions

1Per curiam

[¶ 1.] Mark S. Weaver appeals from a judgment of conviction of simple assault. He claims the trial court erred in denying his motion for a new trial and in allowing expert witness testimony, and further claims that his sentence unlawfully exceeds the maximum statutory limits. We affirm the judgment of conviction, but remand for correction of Weaver’s sentence.

FACTS AND PROCEDURE

[¶ 2.] Weaver met Maria Waichler in July 1999 and they began a romantic relationship. However, on January 21, 2000, Waichler obtained a protection order in Meade County against Weaver. The following month, despite the…

2Cases cited29 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. North Carolina v. PearceSupreme Court of the United States · 1969
  5. Brown v. OhioSupreme Court of the United States · 1977

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3Cited by19 opinions

  1. State v. LemlerSouth Dakota Supreme Court · 2009
  2. Moeller v. WeberSouth Dakota Supreme Court · 2004
  3. State v. HuberSouth Dakota Supreme Court · 2010
  4. State v. Myrl & Roy's Paving, Inc.South Dakota Supreme Court · 2004
  5. State v. JohnsonSouth Dakota Supreme Court · 2007

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

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