· 12/5/1979
In re J.M.V.D.
Citations
- 285 N.W.2d 853
- 1979 S.D. LEXIS 298
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the constitutional harmless error standard applies when court violates a criminal defendant's constitutional right to be present
- concluding that the failure to give a unanimity instruction was clearly erroneous because review of the record led to the conclusion that the inconsistencies in the evidence could have led to the jury’s disagreement and confusion regarding responsibility
- refusing to weigh impact of instructional, multiplicity errors already cured through reversal of affected convictions
- finding multiple acts when defendant intentionally rammed into parked vehicles, left, then returned 5 to 10 minutes later and possibly damaged some vehicles again
- instructing the jury that a second trial would be a \heavy burden on both sides\ was erroneous
- finding multiple acts when defendant intentionally rammed into parked vehicles, left, then returned 5-10 minutes later and may have damaged some vehicles then
Source: CourtListener parenthetical corpus (CC0).
Judges: Eim, Fosh, Heck
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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