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STATE v. STEELE

No. 18077.

510 N.W.2d 661 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Phillip Don STEELE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Patricia Cronin, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Patrick M. Schroeder, Minnehaha County Public Defender's Office, Sioux Falls, for defendant and appellant.

WUEST, Justice.

Defendant, Phillip Steele (Steele) appeals his rape conviction, raising multiple issues. We reverse the circuit court's denial of a motion for new trial based on newly-discovered evidence that was suppressed by the Minnehaha County State's Attorney's Office, and address a number of other issues raised by Steele that are capable of repetition on retrial.

FACTS AND PROCEDURAL HISTORY

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