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STATE v. BALL

No. 22343.

675 N.W.2d 192 (2004)

2004 SD 9

STATE of South Dakota, Plaintiff and Appellee, v. John BALL, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned April 29, 2003.

Decided January 21, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bryan T. Andersen, Office of the Public Defender for Pennington County, Rapid City, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice (on reassignment).

[¶ 1.] John Ball was convicted on two counts of first degree rape. On appeal, he asserts that the trial court erred in: (1) denying his request for a mistrial for a discovery violation; (2) denying him access to Department of Social Services records; (3) denying his motion for a judgment of acquittal on one count of the indictment; (4) denying his request for a mistrial because the prosecutor commented on his failure to testify...

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