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STATE v. CAROTHERS

No. 23236.

692 N.W.2d 544 (2005)

2005 SD 16

STATE of South Dakota, Plaintiff and Appellant, v. Derrick E. CAROTHERS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 26, 2005.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Sean M. O'Brien, Brookings, South Dakota, Attorney for defendant and appellee.

ZINTER, Justice.

[¶ 1.] S.T., a four-year-old child, made statements to her mother, a deputy sheriff, and a social worker alleging sexual contact by Derrick Carothers. The State moved to introduce the statements at trial, indicating that S.T. would be available as a witness. The trial court interpreted Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) to preclude use of S.T.'s testimonial statements...

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