Legal Opinion
State v. Cross
South Dakota Supreme Court
Decided April 10, 1991No. 17147PublishedCited by 16 opinions
1Opinion of the Court
HERTZ, Acting Justice.
Robert Eugene Cross (Cross), following a trial to the court, was convicted of first degree rape. SDCL 22-22-1(4). On appeal Cross argues that the trial court erred by tolling the time period of his escape from custody from the operation of SDCL 23A-44-5.1 (the 180-day rule) since the state did not file its motion for good cause delay within 180 days of Cross’ initial appearance. We affirm.
FACTS
Cross was arrested on September 3, 1988, and made his initial appearance on September 6, 1988. The 180th day from his initial appearance was March 5, 1989. Cross, however, escaped…
2Cases cited8 opinions
- Commonwealth v. HamiltonSupreme Court of Pennsylvania · 1972
- Commonwealth v. GenoveseSupreme Court of Pennsylvania · 1981
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1979
- Commonwealth v. BrocklehurstSupreme Court of Pennsylvania · 1980
- State v. HoffmanSouth Dakota Supreme Court · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Two Eagle v. LeapleySouth Dakota Supreme Court · 1994
- State v. BeynonSouth Dakota Supreme Court · 1992
- Hays v. WeberSouth Dakota Supreme Court · 2002
- State v. WebbSouth Dakota Supreme Court · 1995
- State v. MartinSouth Dakota Supreme Court · 1992
11 more not listed; retrieve them via the Exa API.