Legal Opinion

State v. McMillen

South Dakota Supreme Court

Decided July 10, 2019No. #28734-a-SRJPublishedCited by 24 opinions

1Opinion of the CourtJensen, Justice

[¶1.] Terry Michael McMillen was convicted of four counts of rape in the fourth degree, one count of sexual exploitation of a minor, one count of solicitation of a minor, and a misdemeanor count of enticing a child away. McMillen claims, for the first time on appeal, that his sentences for sexual exploitation of a minor and solicitation of a minor violated the Double Jeopardy Clause of the Fifth Amendment because his convictions arose from the same conduct as the rape convictions. McMillen also requests a new trial, arguing-again for the first time on appeal-that the State engaged in…

2Cases cited36 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. United States v. YoungSupreme Court of the United States · 1985
  4. Puckett v. United StatesSupreme Court of the United States · 2009
  5. Staples v. United StatesSupreme Court of the United States · 1994

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

3Cited by24 opinions

  1. State v. BryantSouth Dakota Supreme Court · 2020
  2. State v. HankinsSouth Dakota Supreme Court · 2022
  3. State v. ManningSouth Dakota Supreme Court · 2023
  4. State v. TaylorSouth Dakota Supreme Court · 2020
  5. State v. BabcockSouth Dakota Supreme Court · 2020

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

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