Legal Opinion
Engesser v. Young
South Dakota Supreme Court
Decided November 12, 2014No. 27001PublishedCited by 15 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] In this habeas proceeding, the circuit court ruled that the petitioner established clearly and convincingly that newly discovered evidence, if proven and viewed in light of all the other evidence, would establish that no reasonable juror would have convicted him. The court ordered a new trial, and the State appeals.
Background
[¶ 2.] In 2001, a jury convicted Oakley “Bernie” Engesser of vehicular homicide and two counts of vehicular battery. The sole issue at the trial was whether Enges-ser or the deceased, Dorothy Finley, was driving her Corvette when it crashed into…
2Cases cited33 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
- Herrera v. CollinsSupreme Court of the United States · 1993
- House v. BellSupreme Court of the United States · 2006
- John Doe v. Frederick Menefee, Warden, Warden of the Otisville Federal Correctional Institution the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2004
28 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jacob Lee Schmidt v. State of IowaSupreme Court of Iowa · 2018
- Reck v. S.D. Bd. of Pardons & ParolesSouth Dakota Supreme Court · 2019
- Reck v. S.D. Bd. of Pardons & ParolesSouth Dakota Supreme Court · 2019
- Oakley Engesser v. Edward FoxCourt of Appeals for the Eighth Circuit · 2021
- Hughbanks v. DooleySouth Dakota Supreme Court · 2016
10 more not listed; retrieve them via the Exa API.