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STATE v. MULLIGAN

No. 24092.

736 N.W.2d 808 (2007)

2007 SD 67

STATE of South Dakota, Plaintiff and Appellee, v. Nicole Marie MULLIGAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 11, 2007.

Attorney(s) appearing for the Case

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

Richard A. Sommers, Melissa E. Neville of Bantz, Gosch & Cremer, Aberdeen, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Nicole Mulligan was convicted of first degree manslaughter in the death of her boyfriend, Richard Goldade. She appeals claiming that: the State failed to prove criminal intent; her restitution sentence was illegal; a Batson violation occurred; and a spoliation of evidence instruction should have been given. We affirm.

Facts and Procedural History

[¶ 2.] On October 15, 2002, Mulligan shot Goldade with a .357...

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