State v. Peterson

KONENKAMP, Justice.

A Minnehaha County jury found Ralph Peterson guilty of three counts of First Degree Rape and one count of Attempted First Degree Rape. All four offenses were against two of his minor daughters. The circuit court imposed life imprisonment plus 320 years. Peterson raises three issues on appeal, but we address only one because it is dispositive. We reverse and remand for a new trial because the trial judge was disqualified from hearing the case.

Approximately five days before trial was scheduled to begin Judge Srstka was assigned to the case in place of Judge Kean who had…