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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.