STATE v. PACKED

No. 24040.

736 N.W.2d 851 (2007)

2007 SD 75

STATE of South Dakota, Plaintiff and Appellee, v. Fred PACKED, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 18, 2007.


Attorney(s) appearing for the Case

Frank Geaghan, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Timothy J. Rensch, Rensch Law Office, APLC, Rapid City, SD, Attorney for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] Defendant was convicted in a jury trial of first degree rape and sexual contact with a child who lived in his home. He was sentenced to life plus twenty-five years. Because we conclude that several trial errors deprived him of a fair trial, we reverse and remand for a new trial.

Background

[¶ 2.] E.S.B., who was eight at the time of the incidents in question, lived with Shanna and Fred Packed, Jr. (defendant)...

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