Legal Opinion

State v. Spaniol

South Dakota Supreme Court

Decided May 3, 2017No. 27877PublishedCited by 17 opinions

1Opinion of the CourtKern, Justice

[¶1.] A jury convicted Joshua Spaniol of three counts of first-degree rape and one count of sexual contact with a child under sixteen years of age. Spaniol appeals, alleging the circuit court erred by finding the child competent to testify at trial. After the child testified on direct examination, Spaniol contends the child became unavailable because of her poor memory, depriving him of cross-examination as required by the Confrontation Clause. He further contends the circuit court erred by denying his pretrial motion to suppress his own statements to law enforcement and by giving Instruction…

2Cases cited40 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Oregon v. ElstadSupreme Court of the United States · 1985
  3. Pennsylvania v. RitchieSupreme Court of the United States · 1987
  4. Delaware v. FenstererSupreme Court of the United States · 1985
  5. Missouri v. SeibertSupreme Court of the United States · 2004

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3Cited by17 opinions

  1. State v. ArmstrongSouth Dakota Supreme Court · 2020
  2. State v. PodzimekSouth Dakota Supreme Court · 2019
  3. State v. PodzimekSouth Dakota Supreme Court · 2019
  4. State v. Little LongSouth Dakota Supreme Court · 2021
  5. State v. SheltonSouth Dakota Supreme Court · 2021

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

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