State v. Wills

The Supreme Court reversed Defendant’s convictions for first-degree rape and sexual contact with a child under the age of sixteen and remanded this case for a new trial, holding (1) the circuit court did not err in permitting Defendant’s impeachment with inconsistent statements he made to law enforcement in a prior, unrelated criminal investigation; but (2) the circuit court misapplied S.D. Codified Laws 19-19-702 when it precluded Defendant’s expert witness from testifying about the methods used by the forensic interviewer who interviewed the child, and the exclusion of this evidence was sufficiently prejudicial to entitle Defendant to a new trial. View "State v. Wills" on Justia Law